Arabath Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.1232 of 2019 ARABATH ALI ... PETITIONER /1st ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE NIB CID, SIVAGANGAI, SIVAGANGAI DISTRICT.

Crime No.45/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.A.AJMALKHAN Advocate For Respondent : Mr.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 8(c) r/w 20(b)(ii)(c) and 29(1), 25 of NDPS Act in Cr.No.45 of 2018 on the file of the respondent police, seeks anticipatory bail. 2.It is the case of the prosecution that on 09.08.2018 when the Coastal Guard Inspector, Pattukottai, in charge Manamelkudi conducted a raid along with his police party at Pudukkottai, Jegathapattinam Pallivasal Street, they identified one fiber boat with the greaves engine. In the boat the respondent seized 270 kg ganja.

After enquiry about the fiber boat, the respondent suspected the petitioner and other accused persons are involved in the ganja bags. Thereafter, on 10.08.2018 they surrendered the evidences to the NIB CID / respondent police. Hence, this case was registered against the petitioner and 2 others.

3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl.Side) appearing for the respondent State would submit that the seizure of 270 kgs of

ganja is much more than the commercial quantity and he vehemently opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and considering the submission of the learned Government Advocate (Crl.Side), this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 04/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, NIB CID, SIVAGANGAI, SIVAGANGAI DISTRICT.

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

+1. CC to Mr.S.A.AJMALKHAN Advocate SR.No.2274

ORDER

IN CRL OP(MD) No.1232 of 2019 Date :04/02/2019 TK/PN/SAR-4/20.02.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/