Abuthali Rasheed v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.752 of 2017 1 ABUTHALI RASHEED 2 HAMEED ... PETITIONERS/ACCUSED NOS.1 AND 2 Vs STATE REPRESENTED BY , THE INSPECTOR OF POLICE, CUMBUM NORTH POLICE STATION, THENI DISTRICT.

CRIME NO.637 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.MURUGESAN, Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners / A1 and A2, who were arrested on 17.11.2016 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c) and Section 25 of NDPS Act in Crime No.637 of 2016 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioners were found in possession of 21 kgs of ganja.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners are not having any previous case. 4.The learned Government Advocate(Crl. Side) submitted that the alleged contraband is commercial quantity and there is a bar under Section 37 of the NDPS Act and investigation is still pending. 5.Considering the facts and circumstances of the case and considering the fact that the seized contraband is in commercial quantity and investigation is still pending, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original petition is dismissed.

sd/- 07/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE INSPECTOR OF POLICE, CUMBUM NORTH POLICE STATION, THENI DISTRICT.

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

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. NBJ CSL/CM-MSA/SAR-II/21.02.2017 : 2P/4C

ORDER

IN CRL OP(MD) No.752 of 2017 Date :07/02/2017 https://hcservices.ecourts.gov.in/hcservices/