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Madras High CourtCRL OP(MD)/6737/2023dismissed

Nober Igneshiyar v. The Inspector Of Police

2023-04-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.6737 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.6737 of 2023 Nober Igneshiyar ... Petitioner/Accused 4 Vs The State rep.by The Inspector of Police, Palakkarai Police Station, Trichy District.

(Crime No.1199/2022).

... Respondent/Complainant For Petitioner : M/s.ANANDAKUMAR N, Advocate.

For Respondent : Mr.T.SENTHIL KUMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.1199/2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded ot judicial custody on 12.11.2022 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act, 1985 in Crime No.1199 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on receiving secret information, the respondent police conducted vehicle check up and found two vehicles bearing Registration NO.TN-55-BR-7857 white color swift car and Yamaha R15 black color have smuggled large amount of Ganja and they found 5 persons in the car and they tried to escape from the police party and they were surrounded by the police party, since they were in possession of 11 bundle and on compliance with formalities search was conducted, wherein, 22kgs of ganja was found and all the accused were arrested by the respondent police. Hence, the case.

3.Heard. Perused the materials available on record, including the First Information Report.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.6737 of 2023 4.It is seen that A1 to A3 were found in illegal possession of 22kgs of Ganja, which is a commercial quantity. That apart, the petitioner has failed to satisfy the twin conditions as contemplated under Section 37 of NDPS Act. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 12/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE INSPECTOR OF POLICE, PALAKKARAI POLICE STATION, TRICHY DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

ORDER

IN CRL OP(MD) No.6737 of 2023 Date :12/04/2023 SA/CG/SAR.1/25.04.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2