Sibaniya v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/10/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Sibaniya ... Petitioner/Accused No.6 Vs The State of Tamil Nadu, Rep by the Inspector of Police, PEW-Thoothukudi, Thoothukudi District.

(Crime No. 584/2023.) ... Respondent/Complainant For Petitioner :

Mr.V.KathirvelU, Senior Counsel For Mr.Murugesan.P, Advocate For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To release the petitioner / accused on bail in C.C No. 62 of 2024 pending on the file of the Principal Special court for trial of Narcotics Drugs and Psychotropic substance act cases, Madurai.

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ORDER : The Court made the following order :- The respondent police registered a case as against the petitioner in Crime No.584 of 2023 for the offence under Sections 8(c), 20(b)(ii)(c), 25 and Section 29(1) OF NDPS Act and remanded her into judicial custody on 29.08.2023. Therefore, the petitioner has filed this petition seeking bail.

2. Considering the quantity of contraband, this Court has dismissed the earlier application filed by the petitioner.

3.The learned counsel for the petitioner submits that the petitioner is languishing in jail for more than a year. In this case, investigation has been completed and final report has been filed. Even in the final report, there is no specific mentioning that the contraband has been recovered from the petitioner. Even as per the mahazar, the contraband was recovered from the other accused and not from the petitioner. Therefore, he prays for grant of bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the petitioner was present in the car at the time of occurrence. Therefore, it has to be treated that the petitioner is also aware of the contraband.

5. Considering the quantity of contraband and also considering that the petitioner was also present in the place of occurrence, this Court is not inclined to grant any relief to the petitioner.

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6. Accordingly, this Criminal Original Petition is dismissed. 7.Since this Court has denied bail to the petitioner, the trial Court is directed to conclude the trial within a period of six months, from the date of receipt of a copy of this order. The respondent police is also expected to co-operate the trial Court by producing witnesses.

sd/- 18/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR To 1.The Judge, Principal Special Court for trial of NDPS Act Cases, Madurai. 2.The Inspector of Police, PEW Thoothukudi, Thoothukudi District.

3.The Officer Incharge, Special Women's Sub Jail, Kokkirakulam.

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

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+1 CC to M/s.P.MURUGESAN, Advocate ( SR-12688[I] dated 18/10/2024 )

ORDER

IN CRL OP(MD) No.17104 of 2024 Date :18/10/2024 ED/ SVR /SAR- (30/10/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4