Madras High CourtCRL OP(MD)/885/2020dismissed

Rani v. The Inspector Of Police

2020-01-22Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.885 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.885 of 2020 Rani ... Petitioner/3RD Accused Vs The State rep.,by The Inspector of Police, Kannivadi Police Station, Dindigul District.

Crime No.147 of 2019 ... Respondent/Complainant For Petitioner : M/s.S.Muniyandi, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for Bail in Crime No.147 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 15.12.2019 for the offences punishable under sections 8(c) r/w 20(b)(ii)(C) and 25 of NDPS Act, in Crime No.147 of 2019 on the file of the respondent police. He seeks bail.

3. The contraband involved in this case is of commercial quantity. The petitioner, therefore, has to satisfy the tests laid down in Section 37 of the NDPS Act. The petitioner is having three previous cases under NDPS Act. It is stated that one of them is of commercial quantity. Therefore, this Court will not be in a position to give a finding that the petitioner, after coming out on bail, will not commit any offence.

4.The allegation of the prosecution is that the petitioner has supplied the contraband to the other accused from whom it was recovered.

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CRL OP(MD). No.885 of 2020 5.Since the petitioner does not fulfil the tests laid down in Section 37 of the NDPS Act, I do not find it possible to grant relief to the petitioner. Hence, this criminal original petition stands dismissed.

sd/- 22/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, KANNIVADI POLICE STATION, DINDIGUL DISTRICT.

2.THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, MADURAI.

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

ORDER

IN CRL OP(MD) No.885 of 2020 Date :22/01/2020 RMI TK/VR/SAR.2/31.01.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2