Madras High CourtCRL OP(MD)/243/2019dismissed

Selvam v. The Sub Inspector Of Police

2019-02-07Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventh day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.243 of 2019 SELVAM ... PETITIONER/ACCUSED No.1 Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE NIBCID, THENI, THENI DISTRICT.

IN CR NO. 12 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.K.SARAVANA BAGAVATHY, Advocate For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody since 25.01.2018 for the offence punishable under Sections 8 (c) , 20 (b), (ii), (C), and Section 25(A) of N.D.P.S.Act, in Crime No.12 of 2018, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 25.01.2018 at about 8.15 p.m. the respondent police conducted a raid along with his police party, a vehicle check up from Batlagundu to Theni Bye Pass Road near Devathanapatti Jeyamangalam Junction. At that time, the petitioner and other accused persons were riding a car having Turbo Silvar Colour carrying 3 bags of contraband weighing about 70 Kilo grams of Ganja. Hence, the complaint.

3.The learned for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Accordingly, he prayed for bail.

4.The learned Additional Public Prosecutor would submit that the contraband is commercial quantity and the learned counsel for the petitioner is not satisfying the requirement under Section 37 of NDPS Act.

https://hcservices.ecourts.gov.in/hcservices/

5.Considering the materials seized in this case is commercial quantity and since the petitioner is not satisfying the requirement under Section 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal original petition stands dismissed.

sd/- 07/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB INSPECTOR OF POLICE NIBCID, THENI, THENI DISTRICT 2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.243 of 2019 Date :07/02/2019 TM PK/PN/SAR-1/18.02.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/