Uppati Ramudu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Uppati Ramudu ... Petitioner/Accused No.8 Vs The Inspector of Police, Nanguneri Police Station, Tirunelveli District Crime No.355/2023 ... Respondent/Complainant For Petitioner :

M/s.K.S.Duraipandian, Advocate.

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.355/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A8, who was arrested and remanded to judicial custody on 12.11.2023 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29

(1) of NDPS Act and 116 of IPC, in Crime No.355 of 2023 on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 50 Kgs of Ganja. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that this is the second bail petition. Earlier petition field by the petitioner in Crl.OP(MD)No.3517 of 2024 was withdrew by him. Based on the confession statement of A2, the petitioner is arrayed as an accused. Further, the petitioner is in judicial custody from 12.11.2023. Hence, he prays for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor would submit that totally 12 accused are involved in this case. The petitioner is arrayed as A11.

The petitioner herein is the wholesale dealer from the State of Andhra Pradesh and 42 kg of Ganja was recovered from him. He would further submit that investigation was completed and final report was filed before the Principal Special Court for Trial of Narcotic Drugs and Psychotropic Substance Act Cases, Madurai and the same was taken on file in C.C.No.142 of 2024. Since, the contraband involved in this case is commercial quantity, he strongly opposed to grant bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the contraband involved in this case is a commercial quantity, this Court is not inclined to grant bail to the petitioner at this point of time.

6.Accordingly, this Criminal Original Petition is dismissed.

7. The Principal Special Court for Trial of Narcotic Drugs and Psychotropic Substance Act Cases, Madurai, is directed to dispose of C.C.No.142 of 2024 within a period of six months from the date of receipt of a copy of this order. sd/- 02/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

dss TO 1 THE PRINCIPAL SPECIAL JUDGE FOR TRIAL OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE ACT CASES, MADURAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.. 3 THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8891 of 2024 Date :02/07/2024 RS/JGB/SAR-(16.07.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3