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Madras High CourtCRL OP(MD)/2905/2019dismissed

Eswaran v. The Inspector Of Police

2019-02-26Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.2905 of 2019 ESWARAN ... PETITIONER / ACCUSED No. 2 Vs STATE REP BY ITS, THE INSPECTOR OF POLICE NIB CID, DINDIGUL.

(CRIME NO.80/2018) ... RESPONDENT/ COMPLAINANT For Petitioner : MR.M.JEGADEESH PANDIAN 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 on 03.12.2018 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) and 25 of NDPS Act in Crime No. 80 of 2018 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that the petitioner is alleged to have found in possession of 120 Kgs of Ganja

3. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and he has nothing to do with the alleged offence. He would further submit that the petitioner have been in custody since 03.12.2018 and therefore, the petitioner may be granted bail.

4. The learned Additional Public Prosecutor submitted that this is the second bail application and the quantity involved in commercial quantity and he opposed to grant bail to the petitioner.

5. Taking into consideration, the nature and gravity of offence and the quantity involved is commercial quantity and there is no change of circumstances in the said case, I am not inclined to grant bail to the petitioner.

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6. Hence the bail petition is dismissed with a direction to the Special Court for EC and NDPS Act cases, Madurai to complete the trial within a period of five months from the date of receipt of a copy of this order.

sd/- 26/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI 2 THE INSPECTOR OF POLICE NIB CID, DINDIGUL, 3 THE SUPERINTENDENT CENTRAL PRISON, MADURAI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.2905 of 2019 Date :26/02/2019 MSI/JC/SAR 4/01.03.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/