Karuppanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI KARUPPANAN ... PETITIONER / ACCUSED No.1 Vs THE INSPECTOR OF POLICE NIBCID RAMANAD POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.9 OF 2023.

... RESPONDENT / COMPLAINANT For Petitioner : MR.J.JEYAKUMARAN, Advocate for MR.R.BABU JAGANATH, Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

Prayer:

FOR BAIL IN CR.NO.09 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 01.10.2023 for the offence punishable under Section 8(c), 22(c) and 25 of NDPS Act, 1/3

1985 in Crime No.09 of 2023 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 860 grams of Methamphetamine. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he is in judicial custody since 01.10.2023. Hence, he prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioner and other accused were found in joint possession of 860 grams of methamphetamine. He would further submit that since the quantity of contraband involved in this case is a commercial quantity, the permissible quantity is only 2 grams as per Serial No.159 of the NDPS Act and hence, the petitioner has not satisfied the twin conditions as required under Section 37 of the NDPS Act. Hence, he vehemently opposed to grant bail to the petitioner. 5.Heard the learned counsel on either side and perused the material records of the case.

6.Considering the above facts and circumstances of the case and also considering the facts that the quantity of contraband involved in this case is a commercial quantity and the petitioner has not satisfied the twin conditions as 2/3

required under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner.

7.In the result, this Criminal Original Petition is dismissed. sd/- 03/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO THE INSPECTOR OF POLICE NIBCID RAMANAD POLICE STATION, RAMANATHAPURAM DISTRICT.

THE OFFICER INCHARGE DISTRICT JAIL, PUDUKKOTTAI.

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

ORDER

IN Date :03/01/2024 PKP/JGB/SAR /24.01.2024/ 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3