P.Vinith v. The Inspector Of Police

CRL OP(MD). No.18694 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.18694 of 2022 P.Vinith ... Petitioner/Accused No.7 Vs The State represented by The Inspector of Police, Theni NIB-CID Police Station, Thoothukudi District.

(Crime No.8 of 2022) ... Respondent/Complainant For Petitioner : M/s.Rajaboopathy D, Advocate.

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.08/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A7, who was arrested and remanded to judicial custody on 06.03.2022 for the offence under Sections 8(C) r/w 20(b)(ii)(c), 23(c), 24, 29(1), 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.08 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and other accused were found in possession of 471.600 kgs of Ganja illegally. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that there was no recovery from the petitioner and the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that only on statistical purpose, the petitioner name was falsely implicated in this case and https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.18694 of 2022 the petitioner is in judicial custody from 06.03.2022. Hence, he prays for bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail to the petitioner stating that the petitioner and other accused were found in possession of 471.600 kgs of Ganja, which comes under the commercial quantity. He would further submit that the investigation in this case has been completed and the charge sheet has already been filed before NDPS Court, Madurai and the same was taken on file in C.C.No.833 of 2022.

5.Considering the facts and circumstances of the case and considering the fact that the quantity of Ganja involved in this case, is commercial quantity, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition is dismissed.

6.However, the learned Special Judge for Essential Commodities and NDPS Act Cases, Madurai is directed to complete the trial and dispose of the case in C.C.No.833 of 2022, within a period of six months from the date of receipt of a copy of this order. sd/- 08/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.The Special Judge for Essential Commodities and NDPS Act Cases, Madurai.

2.The Inspector of Police, Theni NIB-CID Police Station Thoothukudi District.

3 The Officer Incharge, District Jail, Perurani, Thoothukudi District.

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

ORDER

IN CRL OP(MD) No.18694 of 2022 Date :08/11/2022 SS/SSS/SAR I/17.11.2022/ 2P/ 5C https://www.mhc.tn.gov.in/judis 2/2