Madras High CourtCRL OP(MD)/10821/2023dismissed

Elangovan v. The Inspector Of Police

2023-06-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.10821 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10821 of 2023 Elangovan ... Petitioner/Accused No.3 Vs The State rep.by, The Inspector of Police, Sindhupatti Police Station, Madurai District.

Crime No.38 of 2020..

... Respondent/Complainant For Petitioner : Mr.Karunanithi.M, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PRAYER :- To enlarge the Petitioner/Accused on bail in C.C.No.29 of 2021 on the file of the II-Additional Special Court for Trial of Narcotic Drugs and Psychotropic Substances Act Cases,Madurai pending investigation on the file of the Respondent Police. ORDER : The Court made the following order :- This Petition is filed to enlarge the Petitioner/Accused on bail in C.C.No.29 of 2021 on the file of the II-Additional Special Court for Trial of Narcotic Drugs and Psychotropic Substances Act Cases, Madurai pending investigation on the file of the Respondent Police.

2. The case of the prosecution is that the petitioner and other accused were found in possession of 120 Kgs of Ganja.

3. Heard both side and perused the materials available on record.

4. It is seen that all the accused persons were found in possession of Ganja weighing 120 Kgs, which is commercial quantity. A case involving commercial quantity under NDPS Act satisfaction in terms of Section 37 of NDPS Act must be recorded. The possession of https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.10821 of 2023 contraband is commercial quantity and there is bar under Section 37 of NDPS Act. Considering the above facts and circumstances of the case, this court is not inclined to grant bail to the petitioner.

5. Hence, the Criminal Original Petition stands dismissed. sd/- 19/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ls TO 1.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2.THE INSPECTOR OF POLICE, SINDHUPATTI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10821 of 2023 Date :19/06/2023 RK/CG/SAR- (26/06/2023) 3P/4C https://www.mhc.tn.gov.in/judis 2/2