Sowmiya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Sowmiya ... Petitioner/Petitioner/Petitioner/ Accused No.4 Vs The State rep.by, The Inspector of Police, Kannivadi Police Station, Dindigul District.

Cr.No.30/2022.

... Respondent/Respondent/Respondent/ Complainant For Petitioner : M/s.Lawrence.J, Advocate.

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

PRAYER :- For Bail in Cr.No.30/2022 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A.4, who was arrested and remanded to judicial custody on 31.01.2022 for the offences punishable under Sections 8 (c) r/w 20(b)(ii)(C), Section 29(1) of the N.D.P.S. Act, in Crime No.30 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 30.01.2022 at about 06.15 hours, on receipt of secret information, the respondent police party conducted raid near Kurumbapati Pirivu, Karamadai to Karisal Patti Road, that on seeing the police party, the petitioner and other accused attempted to run away from that place, but the 1/3

respondent police nabbed the petitioner and other accused and found that they were in possession of 23.500 kgs of ganja and that the petitioner was arrested and the contraband was recovered. 3.No doubt, the petitioner's earlier two applications were ordered to be dismissed and lastly on 20.06.2022. As rightly contended by the learned Additional public Prosecutor, this Court has already dealt with all the points now raised by the petitioner, while dismissing the earlier petition.

4.When the matter is taken up for hearing today, the learned Additional Public Prosecutor would submit that the charge sheet has already been filed and the case was taken on file in C.C.No.319 of 2022 before the Principal Special Court for EC and NDPS Act Cases, Madurai, and the case stands posted for hearing today (02.08.2022). 5.Considering the above facts and circumstances and also the facts that the petitioner has failed to satisfy the twin conditions contemplated under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner.

6.However, the Principal Special Court for EC and NDPS Act Cases, Madurai, is directed to complete the trial and dispose of the case, as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order. 7.With the above direction, this Criminal Original Petition is disposed of.

sd/- 02/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDGE, PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI 2/3

2. THE OFFICER IN CHARGE, SPECIAL PRISON FOR WOMEN AT MADURAI.

3. THE INSPECTOR OF POLICE, KANNIVADI POLICE STATION, DINDIGUL DISTRICT.

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

COPY TO THE REGISTRAR (JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.LAWRENCE J Advocate SR.No.8092

ORDER

IN CRL OP(MD) No.12048 of 2022 Date :02/08/2022 RK/JM/SAR-I (17/08/2022) 3P/7C 3/3