Danish v. The Inspector Of Police

CRL OP(MD). No.4546 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.4546 of 2023 Danish ... Petitioner/Accused No.2 Vs The Inspector of Police, Kodaikanal Town Police Station, Kodaikanal, Dindigul District.

Crime No.303/2022.

... Respondent/Complainant For Petitioner : M/s.Sargunam B, Advocate.

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

PRAYER :- For Bail in Cr No.303/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 12.11.2022 for the offences punishable under Sections 8(c), 20(b)(ii)(B), 20(b)(ii)(c) and 25 of Narcotic Drugs and Psychotropic Substances Act, 1995 in Crime No.303 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 1.100kgs of Ganja and 50 grams of mushroom which comes under the Narcotics substance, hence the case.

3.The learned counsel for the petitioner would submit that the entire case is foisted one and the petitioner is innocent. He further submitted that the petitioner is in jail from 12.11.2022 and he is ready to abide by any stringent conditions that may be imposed on him, hence he may be granted bail.

4.The learned Additional Public Prosecutor would submit that the petitioner along with other accused were found in possession of 1.100kgs of Ganja and 50 grams of mushroom, which falls under the category of commercial quantity. He would further submit that as per Notification in S.No.145 shows that 50gm of Psilocybine is a https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.4546 of 2023 commercial quantity and according to the Regional Forensic Laboratory report Psilocybine was found in the mushroom and the recovered contraband is 50gm of mushroom. That apart the petitioner was found in possession of narcotics substances which falls within the commercial quantity and as such there is no bar under Section 37 of the NDPS Act and does he is not entitled for bail and prayed for dismissal of the petition.

5.It is seen that there are five accused in this case and the petitioner herein is arrayed as A2. The total quantity of contraband recovered from the petitioner is 1.100kgs of Ganja and 50 grams of mushroom which falls within the commercial quantity. In the light of Section 37 of the NDPS Act, if the petitioner fails to satisfy the twin test as contemplated under Section 37 of the NDPS Act, the petitioner is not entitled for bail, hence this Court is not inclined to grant bail to the petitioner.

6.Hence this petition stands dismissed.

sd/- 10/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1.THE SUPERINTENDENT,CENTRAL PRISON, DINDIGUL. 2.THE INSPECTOR OF POLICE, KODAIKANAL TOWN POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.4546 of 2023 Date :10/03/2023 RK/SBN/SAR-3(28/03/2023) 2P/4C https://www.mhc.tn.gov.in/judis 2/2