Madras High CourtCRL OP(MD)/19412/2016dismissed

M.Raviachandran, v. The Superintendent Of Customs

2016-12-02Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of December Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.19412 of 2016 M.RAVICHANDRAN ... PETITIONER / ACCUSED-3 Vs THE STATE REP.BY THE SUPERINTENDENT OF CUSTOMS CENTRAL INTELLIGENCE UNIT, NO.1 WILLIAMS ROAD, CANTONMENT, TIRUCHIRAPALLI, O.R. NO. 1/2010 ... RESPONDENT/COMPLAINANT For Petitioner : NO APPEARANCE For Respondent : M/S.C.ARUL VADIVEL @ SEKAR, Advocate PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / A3, who was arrested for the offences punishable under Sections 8(c) r/w Section 20 (b)(c) (ii), 28, 29 and 25 of NDPS Act, in C.C.No.29 of 2011 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 13.01.2010, the respondent Police intercepted the vehicle viz., Mini lorry and found that the accused persons were in possession of 493 kgs of Ganja. Based on the confession of the coaccused, the petitioner was arrested.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl. Side) submitted that as the petitioner has absconded, the case was split up and the accused

Nos.1 and 2 have been convicted and punishment has been imposed. She further submitted that the alleged contraband was commercial quantity.

5.Considering the facts and circumstances of the case and taking note of the fact that the alleged contraband was commercial quantity and also taking note of the conduct of the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this petition is dismissed.

sd/- 02/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUPERINTENDENT OF CUSTOMS CENTRAL INTELLIGENCE UNIT, NO.1 WILLIAMS ROAD, CANTONMENT , TIRUCHIRAPALLI. 2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.C.ARUL VADIVEL @ SEKAR, Advocate SR.No.78541. ORDER IN CRL OP(MD) No.19412 of 2016 msm/gsv/14.12.16/p2/5c Date :02/12/2016 https://hcservices.ecourts.gov.in/hcservices/