The Inspector Of Police v. Suresh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.4159 and 4160 of 2018 IN CRL OP(MD) No.8103 of 2018 THE STATE THROUGH, THE INSPECTOR OF POLICE, NIB-CID, KANYAKUMARI, KANYAKUMARI DISTRICT.

IN CR NO. 61 OF 2017 ... PETITIONER/RESPONDENT IN BOTH THE PETITIONS Vs SURESH ... RESPONDENT/PETITIONER IN BOTH THE PETITIONS Prayer in CRL MP(MD).4159/2018 :

Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to cancel the bail granted to the respondent/Accused in Crl.OP(MD) No. 8103/2018 dated 23.05.2018 on the file of this Honourable Court. Prayer in CRL MP(MD).4160/2018 :

To stay the order passed by this Honourable court in Crl.OP (MD)No. 8103/2018 dated 23.05.2018 Order : These petitions coming on for orders upon perusing the petitions filed in support thereof and upon hearing the arguments of MR.A.ROBINSON, Government Advocate (Crl.Side) for the petitioner in both the petitions, and of MR.NA.MANIMARAN, Advocate on behalf of the Respondent in both the petitions, the court made the following order:- The petitioner has come forward with this petition to cancel the bail granted to the respondent/Accused in Crl.O.P.(MD) No.8103 of 2018 on 23.05.2018.

2.Heard the learned counsel on either side.

3.The respondent is accused No.1 in Crime No.61 of 2017, on the file of the Inspector of Police, NIB-CID, Kanyakumari District, for the offences punishable under Sections 8 (c) r/w. 20(b) (ii) (C) and 25 of NDPS Act. The contraband in question is 152 kilograms of ganja, which is commercial quantity.

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4.Therefore, bail can be granted only if satisfaction in terms of Section 37 of NDPS Act is recorded. But, by order, dated 23.05.2018, the vacation Court had granted bail to the petitioner without recording such satisfaction. Therefore, this Court is of the view that the bail granted earlier is illegal. 5.Hence, this Criminal Miscellaneous Petition in Crl.M.P.(MD). No.4159 of 2018 stands allowed. The bail granted to the petitioner in Crl.O.P.(MD) No.8103 of 2018 on 23.05.2018 stands cancelled. Consequently, Crl.M.P.(MD) No.4160 of 2018 is closed. sd/- 12/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE FOR SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE, NIBCID, KANYAKUMARI 3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. To MR.NA.MANIMARAN, Advocate SR.No.10320

ORDER

IN CRL MP(MD)No.4159&4160 of 2018 IN CRL OP(MD) No.8103 of 2018 Date :12/06/2018 (2/2) PK/RR-CSL/VK/19.06.2018 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/