Sathiya Keerthi v. The Inspector of Police

CRL OP(MD)No.9055 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.06.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD)No.9055 of 2023 Sathiya Keerthi ... Petitioner/Accused No.9 Vs State Rep.by The Inspector of Police, NIBCID Police Station, Nagapattinam (Crime No.21 of 2021) ... Respondent/Complainant

For Petitioner : Mr.A.Arun Prasad

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.21 of 2021 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A9, who was arrested and remanded to judicial custody on 04.08.2021 for the offence under section 8(c), 20(b)(ii)

(c), 25 & 29(1) of the Narcotic Drugs and Psychotropic Substance Act 1985 in Crime No.21 of 2021 on the file of the respondent police seeks bail.

2.The case of the prosecution is that the police party received secret information about transportation of ganja by innova car bearing Reg.No.PY01-CF-2777 and scorpio car bearing Reg.No.TN-59-AD-9797 from Karaikudi to Vetharanaym via, Beach Road, Nagapattinam. At about 17.00 hours, they arrived spot and stopped the car. On search, it was found that the accused persons were in illegal possession of 90 kgs of ganja. Hence the case. CRL OP(MD)No.9055 of 2023

3.Heard both sides and perused the materials available on record including the First Information Report.

6.It is seen that there are totally 15 accused in this case, in which, the petitioner herein is arrayed as A9. The petitioner was found in illegal possession of 90 kgs of ganja, which is commercial quantity. Hence, the petitioner failed to fulfill the twin conditions as contemplated under Section 37 of NDPS Act. Therefore, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed. However, the trial Court is directed to complete the trial in 16 of 2022, within a period of three months from the date of receipt of a copy of this order. sd/- 16/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. GNS TO

¶1The Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur.

¶2The Superintendent Central Prison, Trichy.

¶3The Inspector of Police, NIBCID Police Station, Nagapattinam

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to: The Registrar Judicial, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.9055 of 2023 Date :16/06/2023 DL/(30.06.2023)/ 2P/6C