Mohamed Hussain v. The Sub Inspector of Police

CRL OP(MD). No.10409 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10409 of 2023 Mohamed Hussain ... Petitioner/Accused Vs The State Rep.by The Sub Inspector of Police, Kodaikanal Police Station, Dindigul District. Crime No.320 of 2022..

... Respondent/Complainant For Petitioner : M/s.Sivachandran P, Advocate. For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PRAYER :-For Bail in Crime No.320 of 2022 on the file of the Respondent Police. ORDER : The Court made the following order :-

The petitioner /Accused, who was arrested and remanded to judicial custody on 30.11.2022 for the offence under sections 8(c), 20(b)(ii) (B) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.320 of 2022 on the file of the respondent police seeks bail.

¶2The case of the prosecution is that the petitioner was found in illegal possession of 1.100 Kgs of Ganja and psilocybin (Magic Mushroom).

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

¶4It is seen that the petitioner herein is the sole accused, he was in possession of 1.100 Kgs of Ganja and 100 grams of Psychotropic (Magic Mushroom). psilocybin (Magic Mushroom) itself is a commercial quantity.

CRL OP(MD). No.10409 of 2023

5.Considering the above facts and circumstances of the case and also the fact that petitioner fails to satisfy the twin test as contemplated under Section 37 of the NDPS Act , the petitioner is not entitled for bail.

¶6Hence, this Petition is dismissed. sd/- 20/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. LS TO

¶1The Sub Inspector of Police, Kodaikanal Police Station, Dindigul District.

¶2The Officer In-Charge, District Jail, Dindigul.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.10409 of 2023 Date :20/06/2023 RD/SKN (03/07/2023) 2P 4C