Srimathi Indiragandhi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SRIMATHI INDIRAGANDHI ... PETITIONER / ACCUSED 7 Vs THE INSPECTOR OF POLICE PEW-POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

CRIME NO. 584 OF 2023 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.GOPALA KRISHNAN.T Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:- TO ENLARGE THE PETITIONERS ON BAIL IN C.C NO. 62 OF 2024 ON THE FILE OF THE PRINCIPAL SPECIAL COURT FOR TRIAL OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT CASES, MADURAI IN CONNECTION WITH CRIME NO.584 OF 2023 ON THE FILE OF THE RESPONDENT POLICE STATION.

ORDER : The Court Made the following order :- The petitioner/A7, who is facing trial for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act in C.C.No.62 of 2024 on the 1/3

file of the Principal Special Court for Trial of Narcotic Drugs and Psychotropic Substances Act Cases, Madurai in Crime No.584 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons were in illegal possession of 228 Kgs of Ganja. Hence the case.

3. Heard the learned Additional Public Prosecutor appearing for the respondent Police.

4. It appears that this is the third application for bail and the earlier bail applications filed by the petitioner in Crl.OP(MD)No.18327 and 21785 of 2023 were dismissed by this Court on 03.11.2023 and 03.01.2024 respectively on the ground that the petitioner has not satisfied the twin conditions as required under Section 37 of the NDPS Act. Now, this application is filed by the petitioner without referring the change of circumstances to consider the case.

5. Considering the above facts and circumstances of the case and also considering the fact that there is no change in circumstances, since the dismissal of the earlier petition, this Court is not inclined to grant bail to the petitioner. After the seizure procedure is over, the concerned Magistrate and the respondent Police are directed to comply with the guidelines enumerated under section 52(A) of NDPS Act and as per the guidelines issued by the Hon'ble Supreme Court of India in the case of 2/3

Union of India Vs. Mohanlal and Another ((2016) 3 SCC 379).

6. In the result, this Criminal Original Petition is dismissed. sd/- 26/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE PRINCIPAL SPECIAL JUDGE FOR TRIAL OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT CASES, MADURAI.

2 THE OFFICER INCHARGE SPECIAL SUB JAIL FOR WOMEN, KOKKIRAKULAM, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE PEW POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.T.GOPALAKRISHNAN, Advocate ( SR-3928[I] dated 28/03/2024 ) ORDERIN Date :26/03/2024 SA/GS/SAR. /16.04.2024/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3