M.Padaiyappa v. The Inspector Of Police

CRL OP(MD). No.10985 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10985 of 2023 M.Padaiyappa ... Petitioner/ Accused No.1 Vs The State rep. By its The Inspector of Police, Peravurani Police Station, Thanjavur District.

(Crime No.537 of 2022).

... Respondent/Complainant For Petitioner : Mr.B.Jameel Arasu, 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.537 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 24.08.2022 for the offence punishable under Sections 8(c) r/w. 20(b)(ii)(C), 25 and 29(1) of NDPS Act in crime No.537 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that based on the secret information, the respondent police conducted raid. At that time, the petitioner along with other accused was found in illegal possession of 410kgs of ganja. Hence, the case.

3. Heard both sides and perused the materials available on record including the First Information Report.

4. It is seen that there are totally 15 accused in this case and the petitioner herein is arrayed as A1. The accused were found in possession of 410kgs of contraband. It is a commercial quantity. The petitioner was also in conscious and constructive possession of contraband, which is the commercial quantity. That apart, the petitioner failed to make out a prima facie case in order to satisfy https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.10985 of 2023 the twin conditions as contemplated under Section 37 of the NDPS Act before this Court. Therefore, this Court is not inclined to grant bail to the petitioner.

5.Further the learned counsel for the petitioner would submit that the case was taken on file as C.C.No.11 of 2023, pending on the file of the NDPS Court, Thanjavur.

6.Considering the above, the trial Court is directed to complete the trial within a period of six months from the date of receipt of copy of this order. With the above direction, this Criminal Original Petition stands dismissed.

sd/- 20/06/2023 / TRUE COPY / / 07 /2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MRN TO

1. The Additional District and Sessions Judge Special judge under E.C.Act cases, Thanjavur.

2. The Inspector of Police, Prohibition Enforcement Wing, Dindigul District.

3. The Superintendent, Central Prison, Trichy.

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

Copy to:

The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.10985 of 2023 Date :20/06/2023 RD/MGA (03/07/2023) 2P 6C https://www.mhc.tn.gov.in/judis 2/2