Vigneshwaran v. The Inspector Of Police

CRL OP(MD). No.9410 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.9410 of 2023 Vigneshwaran, ... Petitioner/Accused No.11 Vs The Inspector of Police, Soorangudi Police Station, Thoothukudi District.

Crime No.142 of 2022.

... Respondent/Complainant For Petitioner : M/s.William Christopher 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.142 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A11, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 29(i) and 25 of NDPS Act, in Crime No.142 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused have illegally transported 540kgs of Ganja in 18 bags in a Eicher Vehicle bearing Registration No.TN-18-U-9731 belongs to the petitioner. On 03.10.2022 at 13.30 p.m., at Kalaingarpuram, Thoothukudi, when the accused tried to transfer the contraband from https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.9410 of 2023 the Eicher Vehicle to a Bolero Pickup Vehicle bearing Registration No.TN-69-AD-2630, the respondent police have seized the two vehicles, 540kgs of contraband in 18 bags and 6 kerosene can. Hence, the case.

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

4.It is seen that there are totally 20 accused involved in this case and the petitioner is arrayed as A11. Admittedly, the petitioner is the owner of the lorry bearing Registration No.TN-69AD-2630. It was found in possession of contraband weighing 540kgs of Ganja. That apart, the petitioner had contacted along with the other accused persons and there was a money transaction between them and that the petitioner has also actively involved in the Ganja business and having 540 kgs of Ganja, which is a commercial quantity. That apart, the petitioner has failed to satisfy the twin conditions as contemplated under Section 37 of the NDPS Act. Hence, this Court is not inclined to grant bail to the petitioner.

5. the result, the petition stands dismissed. sd/- 21/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. The Superintendent, Central Prison, Palayamkottai, Tirunelveli.

2. The Inspector of Police, Soorangudi Police Station, Thoothukudi District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.9410 of 2023 Date :21/06/2023 DL/(30.06.2023)/ 2P/ 4C https://www.mhc.tn.gov.in/judis 2/2