Sathireshwaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sathireshwaran, ... Petitioner/Sole Accused Vs The Inspector of Police, Cumbum North Police Station, Theni District.

Crime No.400 of 2023.

... Respondent/Complainant For Petitioner : M/s.Ramesh, Advocate for Mr.Chakkaravathi.B, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime no.400 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody 1/4

on 11.11.2023 for the offence punishable under Section 8(c) r/w 20(b)(ii)(C), 25 of NDPS Act, in crime No.400 of 2023 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner was found in possession of 22 kg of Ganja. Hence, the case.

3.Heard both sides.

4.Considering the fact that commercial quantity is recovered from the petitioner and that there are materials to prosecute the petitioner as the quantity has been recovered and that in respect of the arguments raised by the petitioner with reference to the taking of the samples, the permission letter was also annexed with Form-6 and etc., being produced before this Court, I am of the view that no finding could be arrived so as to escape as per Section 37 of the NDPS Act.

5. In view thereof and also considering the fact that the investigation has also been completed and charge sheet is filed and the matter is being proposed for trial before the special court, I am not inclined to enlarge the petitioner on bail. 2/4

6. Accordingly, this Criminal Original Petition is dismissed.

7. Considering the fact that the petitioner is in prison for about nine months, the prosecution shall expedite the trial and the learned Special Judge is also requested to take up the matter as expeditiously as possible. sd/- 30/08/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE ADDITIONAL PRINCIPAL SPECIAL JUDGE FOR TRIAL OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT CASES, MADURAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3 THE INSPECTOR OF POLICE, CUMBUM NORTH POLICE STATION, THENI DISTRICT.

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

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ORDER

IN CRL OP(MD) No.11287 of 2024 Date :30/08/2024 SA/GS/SAR. /12.09.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4