← Library
Madras High CourtCRL OP(MD)/3835/2019dismissed

A.Kumarappa v. The Inspector Of Police

2019-03-14Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourteenth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.3835 of 2019 A.KUMARAPPA ... PETITIONER /1st ACCUSED Vs THE STATE OF TAMIL NADU, REP. BY THE INSPECTOR OF POLICE NARCOTICS INTELLIGENCE BUREAU(NIB-CID), RAMANATHAPURAM DISTRICT CRIME NO.8/2019 ... RESPONDENT / COMPLAINANT For Petitioner : MR. C.K.M.APPAJI 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 07.02.2019 for the offences punishable under Sections 8(c) r/w, 20(b) (ii) (c), 29(i) and 25, 28 & 29(1) of NDPS Act, in Crime No.8 of 2018, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 06.02.2019 on secret information, the respondent police conducted a search in the Mango Grove of the A2 and seized 196 Kilograms of Ganja in gunny bags. Based on the confession of A2 other accused persons were implicated. Hence, the case.

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

4.The learned Additional Public Prosecutor would submit that the contraband is commercial quantity and 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/- 14/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE NARCOTICS INTELLIGENCE BUREAU(NIB-CID), RAMANATHAPURAM DISTRICT 2 THE OFFICER IN-CHARGE SUB JAIL, RAMANATHAPURAM 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.3835 of 2019 Date :14/03/2019 MSI/PN/SAR 3/21.03.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/