Maehndran, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventh day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.22069 of 2018 MAEHNDRAN, ... PETITIONER / ACCUSED NO.7 Vs THE STATE REP.BY ITS THE INSPECTOR OF POLICE, NIB CID, NAGAPATTINAM, NAGAPATTINAM DISTRICT.

(IN CRIME.NO.60/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.SURESH Advocate For Respondent : Mr.S.CHANDRASEKAR,Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody since 19.11.2018 for the offence punishable under Sections 8 (c) r/w 20(b) (ii) (C) and 29(1) and 25 of N.D.P.S.Act, in Crime No.60 of 2018, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on getting reliable information from their informant the respondent police conducted inspection within their jurisdiction on 18.11.2018, during the course of inspection, the petitioner along with 4 others travelled in a INNOVA vehicle and also the other accused in the above said crime was travelled in another vehicle. While the respondent police made inspection in both the vehicles, they found that totally there are 8 bags of Ganja was in possession of all the accused. Each bags contained 32 Kilo grams of Ganga and the recovery of 6 bags is from swaraj Mazda and 2 bags from INNOVA vehicle. After inspection, the respondent police seized the same after taking samples. Hence, the case.

3.The learned for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Accordingly, he prayed for bail.

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4.The learned Additional Public Prosecutor would submit that the contraband is commercial quantity and the learned counsel for the petitioner is not satisfying the requirement under Section 37 of NDPS Act.

5.Considering the materials seized in this case and since the learned counsel for the petitioner is not satisfying the requirement under Section 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal original petition stands dismissed.

sd/- 07/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, NIB CID, NAGAPATTINAM, NAGAPATTINAM DISTRICT. 2 THE SUPERINTENDENT, CENTRAL PRISON,TRICHY.

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

PS/PN/SAR-4/18.02.2019/2P/4C

ORDER

IN CRL OP(MD) No.22069 of 2018 Date :07/02/2019 https://hcservices.ecourts.gov.in/hcservices/