Kannan v. The Intelligence Officer

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 KANNAN ... PETITIONER / 3rd ACCUSED Vs THE INTELLIGENCE OFFICER MADURAI SUB ZONE, MADURAI.

(F.NO.48/1/05/2022) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.MUNIYANDI, Advocate For Respondent : Mr.C.ARUL VADIVEL @ SEKAR, Senior counsel for NCB CASES PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:

TO RELEASE THE PETITIONER/3RD ACCUSED ON BAIL IN F.NO.48/1/05/2022 ON THE FILE OF THE RESPONDENT. ORDER : The Court Made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 24.11.2022 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 23, 28 1/3

and 29 of NDPS Act, 1985 in F.No.48/1/05/2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the respondent police intercepted the petitioner and recovered 300kgs of Ganja and 1kg of Hashish Oil. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and based on the confession statement of the co-accused, the petitioner was falsely implicated in this case. He would further submit that the petitioner was not available in the scene of occurrence and no contraband was recovered from the petitioner. Hence, he prays for grant bail to the petitioner. 4.The learned Additional Public Prosecutor for the State would submit that the petitioner and other accused were found in illegal possession of 300kgs of Ganja and 1kg of Hashish Oil and both are commercial quantity and 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 involved in this case is a commercial quantity and the petitioner has not satisfied the twin conditions as required under Section 37 2/3

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 1 THE INTELLIGENCE OFFICER MADURAI SUB ZONE, MADURAI.

2 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

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

ORDER

IN Date :03/01/2024 SS/VR/SAR- /09/01/2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3