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Madras High CourtCRL OP(MD)/16695/2018ordered

K.S. Packiyaraj v. The Intelligence Officer

2018-11-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16695 of 2018 K.S. PACKIYARAJ ... PETITIONER / ACCUSED NO.2 Vs THE INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU, MADURAI SUB ZONE, MADURAI. ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.BALAJI Advocate For Respondent : Mr.C.ARUL VADIVEL @ SEKAR,Special Public Prosecutor for NCB Cases.

PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 08.07.2018 for the offences punishable under Sections 8(c)r/w.22(c),27-A,28 and 29 of Narcotic Drugs and Psychotropic Substance Act, 1985 as amended by Act 14(16 of 2014) , in F.No.48/01/09/18 on the file of the respondent police. He seeks bail.

2.The case of the prosecution is that petitioner who is a stockist attempted to sell Becalm tablets weighing 25.863 Kgs by saying each tablet weighing 100 gms without proper bill Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he is an innocent person. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner is trying to sell the tablets without any valid licence and documents. Hence, he opposed for grant of bail. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the above facts and circumstances and also considering the period of incarceration of the petitioner, this

Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:

(i) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, each for a like sum to the satisfaction of the Principal Special Court for NDPS Cases, Madurai.

(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders;

sd/- 02/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SPECIAL JUDGE, NDPS CASES,MADURAI.

2 THE INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU, MADURAI SUB ZONE, MADURAI.

3 THE SUPERINTENDENT, CENTRAL PRISON,MADURAI.

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

+1. CC to M/S.A.BALAJI Advocate SR.No.21079 PS/VR-MMS/SAR-1:02/11/2018:2P/6C

ORDER

IN CRL OP(MD) No.16695 of 2018 Date :02/11/2018 https://hcservices.ecourts.gov.in/hcservices/