Sameer Ahamed v. The Inspector Of Police

CRL OP(MD). No.8773 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.8773 of 2023 Sameer Ahamed ... Petitioner/Accused No.4 Vs The State rep. By The Inspector of Police, Nagore Police Station, Nagapattinam District.

(Crime No.70 of 2023).

... Respondent/Complainant For Petitioner : Mr.S.Veerapandiselvaraj, Advocate.

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

PRAYER :- For Bail in Crime No.70 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 18.02.2023 for the offence punishable under Sections 8(c) r/w. 20(b)(ii)(C) of NDPS Act in crime No.70 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that based on secret information, the respondent police conducted check up in Nagore Yanaikatti Muttu Santhu. At that time, the petitioner was found illegal possession of 21kgs of ganja. Hence, the case. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.8773 of 2023

3. Heard both sides and perused the materials available on record including the First Information Report.

4. Totally there are five accused in the case and the petitioner herein is arrayed as A4. That apart, all the accused were found in possession of contraband. The respondent police seized 21kgs of ganja. It is a commercial quantity.

5. Considering the above facts and circumstances of the case and also the fact that petitioner fails to satisfy the twin test as contemplated under Section 37 of the NDPS Act , the petitioner is not entitled for bail.

6. Hence the petition stands dismissed.

sd/- 12/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MRN TO 1.THE SUPERINTENDENT, CENTRAL PRISON, TRICHIRAPPALLI.

2 THE INSPECTOR OF POLICE, NAGORE POLICE STATION, NAGAPATTINAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.8773 of 2023 Date :12/06/2023 RK/SSS/SAR- (15/06/2023) 2P/4C https://www.mhc.tn.gov.in/judis 2/2