The Inspector Of Police v. Durai Pandi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.4311 of 2018 IN CRL OP(MD) No.8637 of 2018 THE STATE THROUGH THE INSPECTOR OF POLICE, Y.OTHAKADAI POLICE STATION, MADURAI.

(CRIME NO.97/2018) ... PETITIONER/RESPONDENT/COMPLAINANT Vs DURAI PANDI ... RESPONDENT/PETITIONER/ACCUSED NO.4 Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to accept the affidavit and cancel the Bail granted in Crl.O.P.(MD) No.8637/2018, Dated 23/05/2018.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of GOVERNMENT ADVOCATE, Advocate for the petitioner and of Mr.A.ROBINSON Government Advocate (Criminal Side)for the Respondent the court made the following order:- This Criminal Miscellaneous Petition has been filed to cancel the bail granted in Crl.O.P(MD).No.8637 of 2018, dated 23.05.2018. 2.The petitioner in the main criminal original petition is an accused in Crime No.97 of 2018 on the file of the Inspector of Police, Othakkadai Police Station, Madurai District for the offences punishable under Section 8(c) r/w 20(b)(ii)(c) of NDPS Act. The contraband is a commercial quantity. The petitioner sought bail. For granting bail in a case involving commercial quantity under NDPS Act, satisfaction in terms of Section 37 of the NDPS Act must be recorded.

3.In this case, without recording such satisfaction, bail has been granted. Admittedly, the order granting bail in favour of the petitioner in the main criminal original petition is illegal and contrary to Section 37 of NDPS Act.

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4.Therefore, the bail granted in Crl.O.P(MD).No.8637 of 2018, dated 23.05.2018 is cancelled.

5.Accordingly, this Criminal Miscellaneous Petition is allowed. sd/- 18/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SPECIAL JUDGE FOR EC AND NDPS ACT CASES, MADURAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3 THE INSPECTOR OF POLICE, Y.OTHAKADAI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL MP(MD) No.4311 of 2018 IN CRL OP(MD) No.8637 of 2018 Date :18/06/2018 PS/CM-VR/RNB:28/06/2018:2P/5C https://hcservices.ecourts.gov.in/hcservices/