The Inspector Of Police v. Arunkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.5098 of 2018 IN CRL OP(MD) No.8464 of 2018 THE STATE THROUGH THE INSPECTOR OF POLICE NIB-CIB UNIT, THENI.

IN CR NO. 81 OF 2017 ... PETITIONER/RESPONDENT Vs ARUNKUMAR ... RESPONDENT/PETITIONER Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to cancel the bail granted to the respondent/petitioner in Crl.OP (MD)No. 8464/2018 dated 17.05.2018 on the file of this Honourable Court 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) for the petitioner and of Mr.S.MAHENDRAPATHY, Advocate for the Respondent the court made the following order:- Arunkumar is figuring as the second accused (A2) in Crime No.81 of 2017 registered on the file of the Inspector of Police, NIB-CIB Unit, Theni, for the offences under Sections 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985, [hereinafter referred to as "the Act"].

2. The contraband in question is 45 kg Ganja, is above the commercial quantity for granting bail. Satisfaction in terms of https://hcservices.ecourts.gov.in/hcservices/ Section 37 of the Act will have to be recorded. But, in this case,

the bail has been granted by merely taking note of the period of incarceration, which is irrelevant. Bail granted in favour of the respondent in Crl.M.P.(MD)No.5098 of 2018, in Crime No.81 of 2017 is cancelled. Accordingly, the Criminal Miscellaneous Petition stands allowed.

sd/- 06/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE (FAC)/PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT, CASES, MADURAI.

2 THE INSPECTOR OF POLICE, N.I.B. CID UNIT, THENI.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. , GJM/RR/CSL/ASVM/13.7.18-2P-5C

ORDER

IN CRL MP(MD) No.5098 of 2018 IN CRL OP(MD) No.8464 of 2018 Date :06/07/2018 https://hcservices.ecourts.gov.in/hcservices/