Jaffer Sadiq v. The Station House Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Jaffer Sadiq ... Petitioner/2nd Accused Vs The State rep.by, The Station House Officer, Kodaikanal Police Station, Dindigul District.

(Crime No.55 of 2023).

... Respondent/Complainant For Petitioner : M/s.Mohan N, Advocate.

For Respondent : Mr.R.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.55 of 2023 on the file of the Respondent Police. 1/4

ORDER : The Court made the following order :- The petitioner/ 2nd accused herein, who was arrested on 12.02.2023 for the alleged offence under Sections 8(c) r/w.

20(b)(ii)(B) and 22(c) of NDPS Act, in Crime No.55 of 2023 on the file of the respondent Police, seek bail.

2. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 1.050 Kgs of Ganja. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He further submitted that this petition is filed mainly on the ground hat the petitioner is in judicial custody for more than 150 days.

4.The learned Additional Public Prosecutor submitted that the earlier bail applications that was filed by this petitioner was dismissed by the Principal Special 2/4

Court for NDPS Act Cases, Madurai, on the ground that the commercial quantity of contraband was involved in this case and Section 37 NDPS Act was not complied with. He further submitted that without any change of circumstances from the earlier order, the present petition has been filed.

5. Considering the gravity of offence and considering the fact that there is no change of circumstances from the earlier dismissal order dated 30.03.2023, this Court is not inclined to grant bail to the petitioner. Hence, this petition deserves dismissal and accordingly dismissed.

sd/- 11/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tta TO 1.THE OFFICER IN CHARGE SUB JAIL, DINDIGUL.

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2.THE STATION HOUSE OFFICER, KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.11803 of 2023 Date :11/07/2023 RK /DD(28/07/2023) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4