High Court dismissed a bail petition under Section 439 Cr.P.C. for a narcotics offender. The Court rejected the argument that seized materials were not produced and denied bail due to the risk of the accused tampering with witnesses and absconding while other accused remain at large.
Bail application dismissed; petitioner remained in judicial custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Wednesday, the Twenty First day of August Two Thousand Thirteen
PRESENT
The Hon`ble Ms.Justice R.MALA
CRL OP(MD) No.11999 of 2013
SELVAM ... PETITIONER/ACCUSED NO.5
Vs
STATE REPRESENTED BY THE INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL DISTRICT, CRIME NO.140/2013 ... RESPONDENT/COMPLAINANT
For Petitioner : M/S.R.ANAND Advocate
For Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side)
PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner is arrayed as A5 and he was arrested and remanded to judicial custody on 18.06.2013 for the alleged offence punishable under Sections 8(c) read with 20(b)(ii) (c) of N.D.P.S. Act, in Crime No.140 of 2013 on the file of the respondent police and hence, seeks bail.
3.Resisting the same, the learned Government Advocate (criminal side) would submit that the petitioner is arrayed as A5 and on the
date of occurrence, 252 Kgs. of kanja, which is a commercial quantity has been seized and this petitioner was having possession of 28 Kgs. of kanja and except this petitioner, no one is arrested and since the investigation is going on, he prayed for the dismissal of the application.
/ TRUE COPY /
Madurai Bench of Madras High Court,
TO
RL/4C - 26/8/2013
ORDER
IN CRL OP(MD) No.11999 of 2013 Date :21/08/2013
3 issues framed by the court
Whether bail should be granted to the petitioner accused of possessing a commercial quantity of narcotic drugs considering the prosecution report was produced and other accused are at large.
Whether the argument that material objects were not produced before the Court is sustainable.
Whether the risk of tampering with witnesses or absconding justifies denying bail.
2 provisions across 2 enactments
SELVAM
STATE REPRESENTED BY THE INSPECTOR OF POLICE
R.MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
