Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI RAJA ... PETITIONER/ACCUSED NO.1 Vs THE INSPECTOR OF POLICE PEW POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.401 OF 2023.

... RESPONDENT/COMPLAINANT For Petitioner : MR.B.MAHENDRARAJAN Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER: FOR BAIL IN CRIME NO.401 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 04.06.2023 for the offences punishable under Sections 8(c), 20(b)(ii)(c) and 25 of NDPS 1/4

Act, in Crime No.401 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on receiving secret information, on 03.06.2023 at about 05.00 p.m., the respondent police went to the house of the petitioner and made search and found that the petitioner was in possession of 21kgs of Ganja. Thereby, the respondent police recovered the same and registered a case as against the petitioner and other accused. Hence the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case and he is in judicial custody since 04.06.2023 and hence, he prays for grant bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the State would submit that they recovered 21kgs of Ganja from the petitioner and the quantity of contraband involved in this case is a commercial quantity and the petitioner and he has not satisfied the twin conditions as required under Section 37 of the NDPS Act. Hence, he strongly opposed to grant bail to the petitioner. 2/4

5.Heard the learned counsel on either side and perused the material records of the case.

6.Considering the fact that the quantity of contraband involved in this case is a commercial quantity and also considering the fact that the petitioner has not satisfied the twin conditions as required under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner.

7.In the result, this Criminal Original Petition is dismissed. sd/- 12/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S- I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2 THE INSPECTOR OF POLICE PEW POLICE STATION, RAMANATHAPURAM DISTRICT.

3/4

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :12/01/2024 RK/VR (24/01/2024) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4