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Madras High CourtCRL MP(MD)/4387/2018allowed

The Inspector Of Police v. Ramar

2018-06-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.4387 of 2018 IN CRL OP(MD) No.8745 of 2018 THE STATE REPRESENTED BY THE INSPECTOR OF POLICE CHEKKANOORANI POLICE STATION, MADURAI DISTRICT, CR NO. 121/2018. ... PETITIONER / RESPONDENT / COMPLAINANT Vs RAMAR ... RESPONDENT / PETITIONER / ACCUSED No.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. O. P. (MD) No. 8745/2018 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, for the petitioner and the court made the following order:- This Criminal Miscellaneous Petition has been filed by the Inspector of Police, Chekkanoorani Police Station, Madurai District to cancel the bail granted to the petitioner/accused in Crl.O.P(MD).No.8745 of 2018, dated 23.05.2018.

2.Heard the learned counsel appearing on either side. 3.The respondent is the accused in Crime No.121 of 2018 on the file of the Inspector of Police, Chekkanoorani Police Station, Madurai District. He stands accused for the offences under Sections 8 (c) r/w. 20(b), (ii), (C) and 25 of NDPS Act. The quantity of ganja is 52 Kgs. It is obviously a commercial quantity. Therefore, to grant bail in such cases, the petitioner will have to satisfy the parameters set out in Section 37 of NDPS Act. In this case, without such satisfaction, bail has been inadvertently granted. Therefore, the bail granted to the petitioner in Crl.O.P (MD).No.8745 of 2018 is illegal and the same stands cancelled. https://hcservices.ecourts.gov.in/hcservices/

4.Accordingly, the Criminal Miscellaneous Petition is allowed. sd/- 19/06/2018 / 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 CHEKKANOORANI POLICE STATION, MADURAI DISTRICT, 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI CP/DAS JAM/27/06/2018/ CM-VR /GSR/ 2P-4C

ORDER

IN CRL MP(MD) No.4387 of 2018 IN CRL OP(MD) No.8745 of 2018 Date :19/06/2018 https://hcservices.ecourts.gov.in/hcservices/