Madras High CourtCRL OP(MD)/7343/2024dismissed

Ajith Kumar v. The Inspector Of Police

2024-06-26Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Ajith Kumar ... Petitioner/A-4

Versus

State Rep. by The Inspector of Police, Dindigul Town South Police Station, Dindigul District.

(Cr.No.163 of 2023) ... Respondent/Complainant For Petitioner : Mr.S.Selva Kumar 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.163 of 2023 on the file of the Respondent Police. 1/4

ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.163 of 2023 for the offence under Section 8(c) r/w. 20(b)(ii)(C), 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 and remanded him into judicial custody on 24.07.2023. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that the petitioner was in illegal possession of 72 Kgs of Ganja.

3. The learned counsel for the petitioner submits that the petitioner was travelling only as a passenger in the vehicle and he was not aware of the ganja which was found in the vehicle. Also, he submits that the ganja has been recovered only from the vehicle and not from the petitioner. However, he is languishing in jail from 24.07.2023. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent submits that the investigation has been completed and a final report has been filed and the same was taken on file in CC No.20 of 2024 by the Principal Special Court for 2/4

Trial of NDPS Act cases, Madurai. Further, he submits that two witnesses have already been examined and the remaining witnesses would be produced on the next date of hearing.

5. Considering the facts and circumstances of the case, the quantity of contraband involved and also considering the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. Since the respondent police is duty bound to produce all the witnesses on the next date of hearing, the Principal Special Court for Trial of NDPS Act cases, Madurai, is directed to conclude the trial as expeditiously as possible within a period of three months from the date of receipt of a copy of this order. sd/- 26/06/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SPECIAL JUDGE FOR TRIAL OF NDPS ACT CASES,MADURAI.

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2 THE INSPECTOR OF POLICE DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.7343 of 2024 Date :26/06/2024 MGJ/JGB/05.08.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4