Kanthan @ Kanthasami v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI KANTHAN @ KANTHASAMI ... PETITIONER / ACCUSED No.1 Vs THE INSPECTOR OF POLICE KARUR TOWN POLICE STATION, KARUR DISTRICT.

CRIME NO. 597 OF 2022 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.ABDUL RAHUMAN.S Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:

To enlarge the petitioner / Accused no.1 on bail in C.C no. 89 of 2023 on the file of the Special court for E.C and NDPS Act cases, Pudukkottai in Crime No. 597 of 2022 on the file of the respondent.

ORDER : The Court Made the following order :- The petitioner/A1, who is facing trial for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act @ 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of 1/4

NDPS Act, in C.C.No.89 of 2023 on the file of the Special Court for E.C. and NDPS Act Cases, Pudukottai in Crime No.597 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 31.08.2022 at about 05.30 hours, based on the secret information, the respondent police conducted vehicle check up at Mochakottampalayam Bus stop in Karur, and during that time, two persons came in a vehicle bearing Registration No.TN 49 AR 3276. On seeing the police, the accused persons turned the vehicle and tried to escape from the scene of occurrence. But, the respondent police surrounded them and on search, the respondent police found a polythene bag, under the two wheeler seat, which contains 1.100kgs of Ganja. After completing the procedure contemplated under the NDPS Act, the respondent police arrested the accused persons along with contraband and seized the vehicle. Subsequently, on the basis of confession statement, the respondent Police seized 20 kg ganja from the other accused persons including the petitioner. Hence, the case 3.Heard the learned counsel on either side and perused the material records of the case.

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4.It appears that this is the second application for bail and the earlier bail application filed by the petitioner in Crl.OP(MD)No.3246 of 2024 was dismissed by this Court on 01.03.2024 on the ground that the seized quantity involved in this case is a commercial quantity and the petitioner has not satisfied the twin conditions as contemplated 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, this Court is not inclined to grant bail to the petitioner. However, 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 Union of India Vs. Mohanlal and Another ((2016) 3 SCC 379).

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 28/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDGE, SPECIAL COURT FOR E.C AND NDPS ACT CASES, PUDUKKOTTAI 2 THE INSPECTOR OF POLICE KARUR TOWN POLICE STATION, KARUR DISTRICT.

3 THE SUPERINTENDENT CENTRAL PRISON, TRICHY.

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

ORDER

IN Date :28/03/2024 SS/GS/SAR- /08/04/2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4