K.Malaiselvam@Selvam v. The Superintendent Of Customs

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.23012 of 2018 K.MALAISELVAM @ SELVAM ... PETITIONER / A4 Vs THE SUPERINTENDENT OF CUSTOMS (DIVISIONAL PREVENTIVE UNIT), RAMANATHAPURAM, RAMANATHAPURAM DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.RAMYA, Advocate For Respondent : MR.ARULVADIVEL @ SEKAR, SPECIAL PUBLIC PROSECUTOR FOR CUSTOMS 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 20.12.2017 for the offence punishable under Sections 8 (c) r/w 20(b) (ii) (C) 23,28 and 29 of N.D.P.S.Act in O.R.No.4 of 2017, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on the secret information that some contraband is being illegally smuggled from India to Srilanka through boats, the respondent and his team conducted a search on 17.12.2017 and found that accused 3 and 4 were transporting the dry Ganja weighing 42.330 Kilo grams and immediately seized the material and arrested and the case has been registered.

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.

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.

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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 SUPERINTENDENT OF CUSTOMS (DIVISIONAL PREVENTIVE UNIT), RAMANATHAPURAM DISTRICT 2 THE OFFICER IN-CHARGE, DISTRICT PRISON, RAMANATHAPURAM DISTRICT.

+1. CC to MR.C.ARUL VADIVEL @ SEKAR Advocate SR.No. 2597

ORDER

IN CRL OP(MD) No.23012 of 2018 Date :07/02/2019 MSI/VR/SAR-III/13.02.2019-2P/4C https://hcservices.ecourts.gov.in/hcservices/