Madras High CourtCRL OP(MD)/10515/2023dismissed

Prakash v. The Inspector Of Police

2023-06-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD)No.10515 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.06.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD)No.10515 of 2023 Prakash ... Petitioner/Accused Vs The State Represented by The Inspector of Police, Othakadai Police Station, Madurai District.

(Crime No.189 of 2022) ... Respondent/Complainant For Petitioner : Mr.V.R.Shanmuganathan 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.189 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 21.06.2022 for the offence under section 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1989 in Crime No.189 of 2022 on the file of the respondent police seeks bail.

2.The case of the prosecution is that the accused persons were found in illegal possession of 1000 kgs of ganja. Hence the case. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD)No.10515 of 2023 3.Heard both sides and perused the materials available on record including the First Information Report. 4.It is seen that there are totally five accused in this case, in which, the petitioner is arrayed as A1. The petitioner was found in possession of 1000 kgs of ganja, which is commercial quantity. Hence, the petitioner failed to satisfy the twin conditions as contemplated under Section 37 of NDPS Act. Therefore, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed. However, the trial Court is directed to complete the trial within a period of three months from the date of receipt of a copy of this order.

sd/- 15/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO

1. The Superintendent, Central Jail, Madurai.

2.The Inspector of Police, Othakadai Police Station, Madurai District.

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

ORDER

IN CRL OP(MD) No.10515 of 2023 Date :15/06/2023 DL/(27.06.2023)/ 2P/ 4C https://www.mhc.tn.gov.in/judis 2/2