Sureshkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Sureshkumar, S/o.Kesavamoorthy Maruthanikulam, Dindigul District.

... Petitioner/Accused No.2 Vs The Inspector of Police, Town West Police Station, In Crime No.568/2022 Dindigul District.

... Respondent/Complainant For Petitioner : M/s.Chandrabose.M, Advocate.

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

PRAYER :- To enlarge the Petitioner on bail in CC No.645/2023 on the file of 1st Addl District Judge for NDPS Act Cases, Madurai.

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ORDER : The Court made the following order :- The petitioner, who was arrested by the respondent police for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C) & 25, 29(1) of NDPS Act, 1985 in connection with Crime No.568 of 2022, seeks bail. 2.The case of the prosecution is that the petitioner along with the other accused was found in illegal possession of 37 kgs of of ganja. 3.The learned counsel appearing for the petitioner submits that the petitioner did not involve in any crime as alleged by the prosecution. He further submits that mandatory requirements as prescribed under the NDPS Act have not been followed by the respondent police. The petitioner is languishing in jail from 02.01.2023. Hence, he prays for grant of bail. 4.The learned Additional Public Prosecutor appearing for the respondent strongly opposes for grant of bail to the petitioner that 37 kgs of ganja has been recovered in this case and investigation has been completed and charge sheet is also filed.

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5.Considering the quantity of contraband involved in this case and considering the fact that the investigation has been completed and charge sheet is also filed, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this criminal original petition is dismissed. However, there shall be a direction to the trial Court to dispose of the case as expeditiously as possible.

sd/- 03/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO 1.The I Additional Special Court for trial of NDPS Act Cases, Madurai. 2.The 1st Additional District Judge for NDPS Act Cases, Madurai. 3.The Superintendent, Central Prison, Madurai. 4.The Inspector of Police, Town West Police Station, Dindigul District.

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5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.4705 of 2024 Date :03/04/2024 RK/JGB (08/04/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4