Saravanan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Saravanan ... Petitioner/Accused No.2

Vs The State rep.by, The Inspector of Police, Usilampatti Town Police Station, Madurai District,. Crime No.112/2023. ... Respondent/Complainant For Petitioner : M/s.Sarvagan Prabhu S,

Advocate. For Respondent : Mr.S.Ravi,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :-For Bail in Crime No.112/2023 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioner/Accused No.2 herein, who was arrested on 12.03.2023 for the alleged offence under Sections 8(c), 20(b)(ii)(c), 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.112 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the on secret information the defacto complainant along with police team on 12.03.2023 at about 05.00 a.m. went to the spot, they found four persons in suspicious circumstances. On suspicion, they were enquired and on search, they were found in possession with Ganja to various units as mentioned in the FIR. On the basis of the above said occurrence case has been registered.

3.The learned Government Advocate (Crl. Side) would submit that during the course of enquiry, the involvement of this petitioner came to light. They found that Ganja has been purchased in bulk from A6, from the State of Andra Pradesh, it was transported to Tamil Nadu. The accused persons segregated the same for selling to the public. According to him, totally 69 kilo grams of Ganja were recovered. So, the entire quantity must be taken together.

4.There is no question of segregation of Ganja in respect of each individual. There was a smuggling of Ganja. The accused persons are involved inter state smuggling. Therefore, the petitioner is not entitled for any consideration from this Court. This petition deserves to be dismissed.

5.Accordingly, this criminal original petition stands dismissed.

sd/-

31/07/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. tm TO

¶1The Superintendent, Central Prison, Madurai.

¶2The Inspector of Police, Usilampatti Town Police Station, Madurai District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-11524[I] dated 31/07/2023 ) ORDER IN CRL OP(MD) No.13916 of 2023 Date :31/07/2023

RK /VRS(14/08/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023