Madras High CourtCRL OP(MD)/6916/2020disposed of

V.Radha v. The Inspector Of Police

2020-08-25Honourable Mr Justice V. Bharathidasan2 pages

CRL.O.P.(MD). No.6916 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated : 25/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL.O.P.(MD). No.6916 of 2020 V.Radha : Petitioner/Sole Accused Vs.

State represented by, The Inspector of Police, NIB CID Theni, Theni District.

Crime No.22 of 2020. : Respondent/Complainant For Petitioner : Mr.G.S.Mahesh, Advocate.

For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE.

PRAYER :- For Bail in Crime No.22 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who is the sole accused in Crime No.22 of 2020 on the file of the respondent police for the offences punishable under Sections 8(c) r/w 20(b),(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, was arrested and remanded to judicial custody on 29.02.2020, and seeking bail, the present petition has been filed.

2. The case of the prosecution is that the petitioner herein was found in possession of 22 Kilograms of Ganja.

3. The learned counsel appearing for the petitioner submitted that there is a lot of mandatory violations of Section 42 and 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the petitioner is in jail from 29.02.2020 and no previous case is pending against the petitioner. Contending so, the petitioner prays for bail.

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CRL.O.P.(MD). No.6916 of 2020

4. Disputing the same, Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner was found in possession of 22 Kilograms of Ganja, which is a commercial quantity and all the mandatory requirements have been thoroughly followed in this case. That apart, the petitioner is the habitual offender and three cases for the similar offence are pending against him.

5. I have considered the rival submissions and also perused the records carefully.

6. From the perusal of the materials available on record, it could be seen that no ground is made out to believe that the petitioner is not guilty of any offence. That apart, it is an admitted fact that the petitioner is the habitual offender and as of now, he is having three previous cases to his credit. In the said circumstances, if he is released on bail, he will definitely indulge in similar kind of offence. Thus, I am not inclined to grant bail to the petitioner. Hence, the present petition is dismissed. However, as the investigation has been completed and charge sheet has also been laid and the matter is now pending trial, the Trial Court is directed to expedite the trial and dispose of the case, on merits and in accordance with law, as expeditiously as possible. sd/- 25/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. THE INSPECTOR OF POLICE, NIB CID THENI, THENI DISTRICT.

2. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.6916 of 2020 Date :25/08/2020 MS/VR/SAR-2/27.08.2020/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2