Pandi v. The Inspector of Police

CRL OP(MD)No.8918 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.8918 of 2023 Pandi ... Petitioner/Accused No.1 Vs The State Rep.by The Inspector of Police, Sellur Police Station, Madurai. (Cr.No.705 of 2022) ... Respondent/Complainant For Petitioner : Mr.V.M.Jegadeesha Pandian For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- To realse the petitioner/accused No.1 on bail in conncection with CC.No.83 of 2023 on the file of the Additional Special Court No.II trail for NDPS cases, Madurai. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 27.02.2022 for the offence under section 328 IPC r/w Sections 8(c), 20(b)(ii)(C), 25, 29(1) of the Narcotic Drugs & Psychotropic Substances Act 1985 in Crime No.705 of 2022 on the file of the respondent police seeks bail.

2.The case of the prosecution is that on 27.07.2022, at about

16.00 hours, based on the secret information, the respondent police conducted vehicle check up near Ayyanar Kovil at sellur. On seeing CRL OP(MD)No.8918 of 2023 the police, the accused persons attempted to run away. However, the police captured the accused persons and on search, it was found that they were in illegal possession of 23.600 kgs of ganja. Hence the case.

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

4.It is seen that there are totally 3 accused in this case, in which, the petitioner is arrayed as A1. The petitioner along with other accused were found in possession of 23.600 kgs of ganja, which is commercial quantity. Hence, the petitioner failed to satisfy 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 C.C.No.83 of 2023 within a period of six months from the date of receipt of a copy of this order. sd/- 16/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. GNS TO

¶1The Additional Special Judge,(Court No.II) trail for NDPS cases, Madurai.

¶2The superintendent, Central Prison, Madurai.

¶3The Inspector of Police, Sellur Police Station, Madurai.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.8918 of 2023 Date :16/06/2023 DL/VS(27.06.2023)/ 2P/ 5C