Tamilselvan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI TAMILSELVAN ... PETITIONER/ACCUSED NO.4 Vs THE INSPECTOR OF POLICE PADALUR POLICE STATION, PERAMBALUR DISTRICT.

CRIME NO.229/2023.

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

PRAYER: FOR BAIL IN CRIME NO.229/2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 11.07.2023 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c) and 25 of 1/3

NDPS Act, 1985, in Crime No.229 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and other accused were found in illegal possession of 20kgs and 770grms of Ganja. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is in judicial custody from 11.07.2023 onwards and hence, he prays for bail. 4.The learned Additional Public Prosecutor appearing for the State would submit that the quantity of contraband involved in this case is a commercial quantity and the petitioner has thirteen previous cases and the petitioner 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.

5.Considering the above facts and circumstances of the case and also considering the facts that the quantity of contraband involved in this case is a commercial quantity and the petitioner has thirteen previous cases and he has not 2/3

satisfied the twin conditions as required under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner. 6.In the result, this Criminal Original Petition is dismissed. sd/- 24/01/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (CS- I/ II / III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1.THE INSPECTOR OF POLICE PADALUR POLICE STATION, PERAMBALUR DISTRICT.

2.THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

ORDER

IN Date :24/01/2024 RK/GS (31/01/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3