Vijaya, v. State.Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.2266 of 2017 VIJAYA ... PETITIONER/ ACCUSED Vs STATE.REP. BY THE INSPECTOR OF POLICE, NAGAPATTINAM TOWN POLICE STATION, CR.NO.418 OF 2016.

U/S.8(C) R/W 22 (C) NDPS ACT.

... RESPONDENT/ COMPLAINANT For Petitioner : M/S.P.R.NATESA JAYARAMAN Advocate For Respondent :M/S K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/sole accused who was arrested and remanded to judicial custody on 16.11.2016 for the offences under Section 8(C) r/w 22(C) of the NDPS Act in Crime No.418 of 2016 on the file of the respondent/Police, seeks bail.

2.The case of the prosecution is that based on the secret information, when the Police came to Karuvai Thope near the house of the petitioner, on seeing the Police party, the petitioner tried to run away. However, she was caught by the Police. On search of the body of the petitioner with the assistance of women police officials, 550 grams of Diazepam which is a psychotropic substance prohibited under the NDPS Act, was seized from the petitioner. 3.The case of the petitioner is that the Police has falsely implicated her in this case and she is innocent of the crime. 4.

It is contended by the counsel for the petitioner that the FIR does not contain whether before search of the body of the petitioner, the petitioner was informed about her right to be searched before the Gazetted Officer or the Judicial Magistrate and therefore, contending that there is a violation of Section 50 of the NDPS Act, while conducting the search, the learned counsel submits that the petitioner is entitled for bail though she is alleged to have been in possession of commercial quantity of Diazepam. 5.Section 37 of NDPS Act imposes twin conditions on Courts before granting bail in respect of the offenders involved in trafficking of narcotic and psychotropic substances in commercial https://hcservices.ecourts.gov.

quantity. Those twin tests are, (i) the Public Prosecutor should be given opportunity to oppose the application and (ii) when the Public Prosecutor opposes the application, the Court should be satisfied that there are reasonable ground for believing that the petitioner is not guilty of such offence and that he is not likely to commit any offence while on bail.

6.In the present case, the learned Government Advocate (Criminal Side) filed counter affidavit, stating that the psychotropic substance seized from the petitioner is over and above the commercial quantity and there are materials to show that the petitioner knowingly involved in the trafficking of psychotropic substance.

7.Perusal of the CD file indicates that contraband has been seized from the possession of the petitioner. There is no indication that the petitioner was informed about her right to be searched before the Gazetted Officer or Judicial Magistrate before conducting search by a woman police.

8.In view of the above fact, this Court is inclined to grant bail to the petitioner, subject to the following conditions:- (i)The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.I, Nagapattinam.

(ii)The petitioner shall report before the respondent-police daily at 10.30 a.m. until further orders.

(iii)The petitioner shall not involve in any offence in violation of Section 37 of the NDPS Act.

sd/- 19/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE COURT NO.I,NAGAPATTINAM. 2.DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE,NAGAPATTINAM. 3.THE SUPERINDENT,CENTRAL PRISON, TRICHY.

4.THE INSPECTOR OF POLICE, NAGAPATTINAM TOWN POLICE STATION.

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

+1CC TO M/S.M/S.P.R.NATESA JAYARAMAN Advocate SR.No. 20571 ORDER IN CRL OP(MD) No.2266 of 2017 Date :19/04/2017 MS/PM.PN/SAR.3/19.04.2017/2P.7C https://hcservices.ecourts.gov.in/hcservices/