Guna @ Gunasekaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Guna @ Gunasekaran, ... Petitioner/Accused No.5 Vs The Inspector of Police, Othakadai Police Station, Madurai District.
(Crime No. 189 of 2022).
... Respondent/Complainant For Petitioner : M/s. Vimala.P., Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No. 189 of 2022 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 08.07.2022 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c), 25 and 29 1/4
(i) of NDPS Act in Crime No.189 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 21.06.2022, at about 18.40 hours, during vehicle checkup, the Joint Commissioner of Madurai Division intercepted the vehicle bearing Reg.No.TN-58-BE-9688 (Mahindra Dosth Lorry) at Madurai-Trichy bypass road near Vandiyur Toll gate, but the driver did not stop the lorry. Hence, the officials chased the lorry and stopped the lorry near back side of High Court building. Further, on search, it was found that nearly 810.350 kgs of Ganja worth about Rs.1,50,000/- was found loaded in the said lorry. The respondent police registered a case and later, during investigation, the respondent police came to know that the petitioner / A5 and A2 usually purchased Ganja from A3 of Andhra Pradesh and the contraband was transported from Andhra Pradesh to Madurai in a vehicle bearing Reg.No.
TN-32AJ4127 Ashok Leyland and thereafter, it was loaded in Mahindra Dosth vehicle, which was driven by A1 and A4. After completing the procedures as contemplated under the NDPS Act, the respondent police seized the contraband and vehicle from A1 and arrested him. During investigation, it came to light that all the accused are actively involved in drug trafficking. Further, call details and CDR report disclosed that the petitioner along with accused were in constant touch and involved in illegal transport of Ganja which is a commercial quantity. Hence, the case.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Considering the quantity of contraband involved and and considering the fact that all the earlier bail applications have been dismissed and the trial court is directed to expedite the trial and considering the fact that the matter is already posted for trial and the period, which is granted by this Court, has not yet expired, I am not inclined to enlarge the petitioner on bail.
5. Accordingly, this Criminal Original Petition is dismissed. sd/- 27/08/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
VR TO 1 THE INSPECTOR OF POLICE OTHAKADAI POLICE STATION, MADURAI DISTRICT.
2 THE SUPERINTENDENT DISTRICT PRISON, PUDUKOTTAI.
3/4
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13800 of 2024 Date :27/08/2024 PSP/ VR /SAR /06.09.2024/ 4P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4