Anishkumar v. The Inspector Of Police

CRL OP(MD). No.11384 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.11384 of 2023 Anishkumar ... Petitioner / Accused No.2 Vs The Inspector of Police, NIB CID Police Station, Nagapattinam District (Crime No.06 of 2022).

... Respondent / Complainant For Petitioner : M/s.Dhilipan Pandian R L, Advocate. For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.06 of 2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 18.01.2022 for the offences punishable under Sections 8 (c) r/w 20(b)(ii)(C) and 25 of NDPS Act, 1985 in Crime No.06 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 167kgs of Ganja. Hence, the case.

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

4.It is seen that there are totally 9 accused involved in this case and the petitioner is arrayed as A2. Admittedly, the petitioner along with the first accused were found in possession of 167kgs of Ganja and they travelled in a car bearing Registration No.KL-01-BW1431 and the other accused 3 to 9 were followed the said car. A3 to https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11384 of 2023 A9 were already released on bail. The petitioner has failed to fulfill the twin conditions as contemplated under Section 37 of the NDPS Act, since he was found in possession of 167kgs of Ganja. It is a commercial quantity. Further, the respondent police have completed investigation and filed a final report and the same has been taken cognizance by the learned NDPS Court, Pudukottai in C.C.No.98 of 2022.

5.Taking into consideration the seriousness and gravity of the offence, this Court is not inclined to grant bail to the petitioner. Hence, this petition stands dismissed.

6.However, the NDPS Court, Pudukottai is directed to complete the trial in C.C.No.98 of 2022 within a period of three months from the date of receipt of a copy of this order.

sd/- 26/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.The Judge, NDPS Court, Pudukottai.

2.The Inspector of Police, NIB CID Police Station, Nagapattinam District.

3.The Officer Incharge, Sub Jail, Thanjavur.

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

ORDER

IN CRL OP(MD) No.11384 of 2023 Date :26/06/2023 ED/SSS/SAR- (04/07/2023) 2P 5C https://www.mhc.tn.gov.in/judis 2/2