Sathiya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.8637 of 2023 Sathiya ... Petitioner/Accused No.2 Vs The State represented by The Inspector of Police, Mayiladuthurai Police Station, Trichy(GRP) In Crime No.11 of 2022.

... Respondent/Complainant For Petitioner : M/s. Senthilkumar.R, Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the petitioner on bail in C.C.No.85 of 2022 pending on the file of the Special Court under Essential Commodities Act, Thanjavur, in Crime No.11 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A2, who is facing trial for the offences punishable under Sections 8(C) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 in C.C.No.85 of 2022 pending on the file of the Special Court under Essential Commodities Act, Thanjavur, in Crime No.11 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with two other accused were found in illegal possession of 47.300 kgs. of Ganja, hence, the case.

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

https://www.mhc.tn.gov.in/judis 4.It is seen that there are three accused involved in this case, in which, the petitioner is arrayed as A2. According to the

case of the prosecution, the petitioner was found in possession of 20.460kgs of Ganja along with other two persons, which is a commercial quantity. That apart, the petitioner has failed to fulfil the twin conditions as contemplated under Section 37 of the NDPS Act. Now the trial is commenced sofar and out of 12 witnesses, the prosecution had examined 10 witnesses and the case stands posted for Investigation Officer's evidence. Therefore, this Court is not inclined to grant bail to the petitioner.

5.Hence, this petition stands dismissed. However, the trial Court is directed to dispose of the case in C.C.No.85 of 2022 within a period of eight weeks from the date of receipt of a copy of this order.

sd/- 07/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO The Special Court under Essential Commodities Act, Thanjavur.

THE INSPECTOR OF POLICE MAYILADUTHURAI POLICE STATION, TRICHY(GRP).

THE OFFICER INCHARGE, MAHALIR JAIL, TRICHY.

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

+1 CC to M/s.R.SENTHIL KUMAR, Advocate ( SR-8240[I] dated 07/06/2023 )

ORDER

IN CRL OP(MD) No.8637 of 2023 Date :07/06/2023 SS/CG/13/06/2023/2P/6C https://www.mhc.tn.gov.in/judis