Sivaprakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.07.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Sivaprakash ... Petitioner/Accused No.3 Vs The Inspector of Police, NIB-CID Police Station, Madurai District.

Crime No.2 of 2024 ... Respondent/Complainant For Petitioner :

Mr.M.Chandra Sekaran, Advocate For Respondent :

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.2 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.2 of 2024 for the offence under Sections 8(c), 20(b)(ii)(c), 25, 29(1) NDPS Act, 1985 and remanded him into judicial custody on 15.01.2024. Therefore, the petitioner has filed this petition seeking bail.

2.The case of the prosecution is that the petitioner and other accused persons 1/3

were found in illegal possession of 75 kgs (25 kgs in three white gunny bags) of ganja. 3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 15.01.2024. 4.The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the petitioner has been arrested with the contraband weighing 75 kgs (25 kgs in three white gunny bags) which is commercial quantity.

5.Considering the nature of offence and considering the fact that the petitioner failed to satisfy the twin conditions as contemplated under Section 37 NDPS Act, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 10/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1 THE INSPECTOR OF POLICE, NIB-CID POLICE STATION, MADURAI DISTRICT. 2 THE SUPERINTEDENT, CENTRAL PRISON, MADURAI, MADURAI DISTRICT. 2/3

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

ORDER

IN CRL OP(MD) No.10223 of 2024 Date :10/07/2024 RS/JGB/SAR-(18.07.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3