Madras High CourtCRL OP(MD)/21081/2021dismissed

Jilbigar Ali v. The Inspector Of Police

2021-12-29Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CRL OP(MD). No.21081 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.21081 of 2021 Jilbigar Ali ... Petitioner/Accused No.4 Vs State represented by The Inspector of Police, NIB - CID, Ramnad.

(Crime No.16 of 2020) ... Respondent/Complainant For Petitioner : Mr.M.Jegadeesh Pandian, Advocate.

For Respondent : Mr.SS.Madhavan, Government Advocate (Criminal) PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.16 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A.4, who was arrested and remanded to judicial custody on 06.01.2021 for the offences punishable under Sections 17(c), 22(c), 23(c) and 25 of NDPS Act, 1985 r/w 39, 44, 48, 49, 49B, 50 and 51 of Wildlife Protection Act, 1972 in Crime No.16 of 2020 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 1 kg of Amphetamine, 1 kg of Heroine, 1⁄4 kg of Cocaine, 50 grams of Methamphetamine and also found two Deer antler and two lion teeth. The said contraband was also seized by the respondent. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 06.01.2021, hence he seeks bail. 4.The learned Government Advocate (Criminal) appearing for the respondent police would submit that the petitioner is having one previous case and also alleged to be in possession of commercial quantity of drugs. He would further submit that the petitioner is a fisherman and having connection with Srilankans and doing the business.

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CRL OP(MD). No.21081 of 2021 5.Taking into consideration all these facts and also considering the nature of offence and considering the short period of incarceration and also the fact that the contraband seized falls under the commercial quantity, this Court is not inclined to grant bail to the petitioner.

6.In the result, this Criminal Original Petition is dismissed. sd/- 29/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE NIB-CID, RAMANAD.

2 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.

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

ORDER

IN CRL OP(MD) No.21081 of 2021 Date :29/12/2021 SS/VR/SAR-I/03.01.2022 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2