R.Ramkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 16.11.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM 1.R.Ramkumar 2.P.Karan Kumar ... Petitioner/Accused No.2, 3 Vs State Rep.by The Inspector of Police, Chinnatharapuram Police Station, Karur District.

Crime No.218 of 2022 ... Respondent/Complainant For Petitioners :

Mr.NA.Manimaran, Advocate For Respondent :

Mr.T.Senthilkumar, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.218 of 2022 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 14.10.2022 for the alleged offence punishable under Sections 8(c) r/w 20(b)(ii)(C) and 25 of NDPS Act, 1985 in Crime No.218 of 2022, on the file of the respondent police, seek bail.

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2.The case of the prosecution is that on 13.10.2022, when the police party conducted vehicle check up, they intercepted lorry bearing Reg.No.TN-01-AZ-8680 and on seeing the police party, the occupants of the lorry tried to escape from the scene. However, the police caught them. On search, it was found that the accused persons were in illegal possession of 42 kgs of ganja. Hence the case. 3.The learned counsel appearing for the petitioners would contend that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are in custody from 14.10.2022, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the contraband seized from the accused is a commercial quantity and investigation completed and charge sheet also filed, which was taken on file in C.C.No.177 of 2023 by the learned Additional District and Sessions Judge for EC and NDPS Act Cases, Pudukottai. Therefore, he strongly objected to grant bail to the petitioners.

5.On perusal of records, it is noticed that the the accused persons were found in illegal possession of 42 kgs of ganja, which is commercial quantity. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed. However, the learned Additional District and Sessions Judge 2/3

for EC and NDPS Act Cases, Pudukottai is directed to complete the trial in C.C.No.177 of 2023, within a period of three months from the date of receipt of a copy of this order.

sd/- 16/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE FOR EC AND NDPS ACT CASES, PUDUKOTTAI. 2 THE INSPECTOR OF POLICE, CHINNATHARAPURAM POLICE STATION, KARUR DISTRICT.

3 THE SUPERINTEDENT, CENTRAL PRISON, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.20368 of 2023 Date :16/11/2023 RS/JGB/SAR-(28.11.2023) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3