Murugan @ Pozhi Murugan v. The Inspector Of Police

CRL OP(MD). No.6217 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.6217 of 2020 Murugan @ Pozhi Murugan ... Petitioner/Sole Accused Vs The State rep. by The Inspector of Police, N.I.B.C.I.D., Theni District.

(Crime.No. 101 of 2019) ... Respondent/Complainant For Petitioner : No appearance.

For Respondent : Mr.A.Robinson, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime.No. 101 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- None appears for the petitioner.

2. Heard the learned Government Advocate(Criminal Side) appearing for the respondent.

3. The petitioner was arrested and remanded to Judicial Custody on 21.08.2019 for the offences punishable under sections 8(c) r/w. 20(b), (ii), (C) of NDPS Act, in Crime No.101 of 2019 on the file of the respondent police. He seeks bail.

4. It is seen that the petitioner's case on hand involves commercial quantity. Therefore, the twin test laid down under Section 37 of NDPS Act will have to be satisfied. https://hcservices.ecourts.gov.in/hcservices/

CRL OP(MD). No.6217 of 2020

5. The learned Government Advocate(Criminal Side) states that the petitioner is having five previous cases, apart from the case on hand. Out of them, one involves commercial quantity. All the previous cases also arise under the provisions of NDPS Act.

6. Therefore, this Court will not be in a position to give a finding that the petitioner is not likely to commit the offence. Since the twin test under Section 37 of NDPS Act is not satisfied in this case, the bail petition has to be dismissed. Accordingly, it is dismissed.

sd/- 10/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2. THE INSPECTOR OF POLICE, N.I.B.C.I.D., THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6217 of 2020 Date :10/07/2020 PMU SRS/ VR/ SAR-III/ 14.07.2020/ 2P/4C https://hcservices.ecourts.gov.in/hcservices/