Vazhividumurugan v. The Inspector Of Police

CRL OP(MD). No.2948 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/03/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.2948 of 2020 VAZHIVIDUMURUGAN ... PETITIONER/ACCUSED NO.2 VS STATE REP. BY THE INSPECTOR OF POLICE, MANGALAMEDU POLICE STATION, PERAMBALUR DISTRICT.

(IN CRIME NO.203/2019).

... RESPONDENT/COMPLAINANT For Petitioner : M/s. V. Malaiyendran, Advocate.

For Respondent : Mr.R.Anandharaj, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in C.C.No. 138/2019 on the file of the Additional District and Sessions Court / Special Court for EC and NDPS Act Cases, Pudukkottai.

ORDER : The Court made the following order :- This petition has been filed by the petitioner/ accused No.2 seeking bail for the alleged offence under Sections 186,97 and 307 of IPC and Section 8(c)r/w.20(b)(ii)(C) and 25 of NDPS Act.

2. This petition is arising out of NDPS Act. The case of the prosecution is that the petitioner was found in possession of 170kg of Ganja and he was intercepted by the special team of Keeraithurai Police Station based on the specific information.

3. The learned counsel for the petitioner contended that there is violation of Section 42 of NDPS Act, which is mandatory for seizure. Hence seeks bail.

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CRL OP(MD). No.2948 of 2020

4. The quantity of contraband seized was commercial quantity and seizure was in a public place.

5. Hence this Court is of the opinion that there is no merit in the bail petition in the light of Section 37 of NDPS Act. When there is prima facie case against the petitioner and more so when the final report has been filed, this Court is not inclined to grant bail to the petitioner.

6. In the result, this petition is dismissed. sd/- 02/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE MANGALAMEDU POLICE STATION, PERAMBALUR DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

+1 CC to M/s.V.MALAIYENDRAN, Advocate ( SR-4740[I] dated 04/03/2020 )

ORDER

IN CRL OP(MD) No.2948 of 2020 Date :02/03/2020 AAV JM/PN/SAR 2/05.03.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2