The Inspector Of Police v. Rajesh Kannan

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.4313 of 2018 IN CRL OP(MD) No.8631 of 2018 THE STATE THROUGH, THE INSPECTOR OF POLICE, Y. OTHAKADAI POLICE STATION, IN CR NO. 97 OF 2018 ... PETITIONER/RESPONDENT/ COMPLAINANT Vs 1 RAJESH KANNAN 2 MANIKANDAN @ BULLET MANI ... RESPONDENT/PETITIONER/ ACCUSED Nos.2 & 3 Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to accept the affidavit and cancel the bail granted in Crl.OP(MD)no. 8631/2018 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 MR.A.ROBINSON, Government Advocate (Crl.Side) Advocate for the petitioner, the court made the following order:- This Criminal Miscellaneous Petition has been filed to cancel the bail granted in Crl.O.P(MD).No.8631 of 2018, dated 23.05.2018.

2.The petitioners in the main criminal original petition are 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.

https://hcservices.ecourts.gov.in/hcservices/ 3.In this case, without recording such satisfaction, bail has been granted. Admittedly, the order granting bail in favour of

the petitioners in the main criminal original petition is illegal and contrary to Section 37 of NDPS Act.

4.Therefore, the bail granted in Crl.O.P(MD).No.8631 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 INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL MP(MD) No.4313 of 2018 IN CRL OP(MD) No.8631 of 2018 Date :18/06/2018 PK/CM-VR/RNB/03.07.2018 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/