The Madurai Bench dismissed a bail petition filed by Accused No. 6 charged under the NDPS Act. The court held that due to the gravity of the offence, the large quantity of narcotics seized, and the pending investigation, bail could not be granted.
Petition for bail dismissed; petitioner remains 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 Fifth day of November Two Thousand Fifteen PRESENT
The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.19660 of 2015 PANDIYARAJAN ..PETITIONER/ACCUSED No.6
Vs.
STATE REP.BY THE INSEPECTOR OF POLICE THANUSKODI POLICE STATION, RAMANATHAPURM DISTRICT.
CR. NO.68 OF 2014 ..RESPONDENT/COMPLAINANT
For Petitioner : M/S J.LAWRANCE Advocate
For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.Side)
PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner/Accused No.6, who was arrested and remanded to judicial custody on 28.08.2015 for the alleged offences punishable under Sections 8(c) r/w 20(b) (II) (C ) and 25 of N.D.P.S. Act, 1985, in Crime No.68 of 2014 on the file of the respondent police and hence, seeks bail.
2.The case of the prosecution is that on 28.11.2014 at 23.00 hours on information the Inspector of Police, Q-Branch CID, Ramanathapuram along with his police party monitoring a patrol duty in Dhanuskodi Seashore areas, four person were standing in suspicious manner. On seeing the police party, they tried to escape from the scene of occurrence. The police party rounded and captured them and enquired. During the enquiry, they informed their name and address, then the Inspector of Police, Q Branch CID, Ramanathapuram searched the nine travel bags were containing 192 kgs Ganja. During the interrogation, it reveals that one Jeya, W/o.Thangamani Thevar, and her son Pandiarajan delivered the Ganja to one Packiaraj. The the said Packiyaraj had planned to smuggle with the help of A2, A3 and A4 to Srilanka. The Inspector of Police, Q-Branch CID, Ramanathapuram seized the properties under mahazar and handed over the same along with four accused to the Dhanuskodi Police Statation with a special report and on the Special Report, the case has been registered for the above said offences.
3.The case of the petitioner is that he is innocent and he has not involved in the alleged offence. Only based on the confession given by the other accused, this petitioner was arrested on 28.08.2015.
4.The learned Government Advocate (Crl.side) submitted that the petitioner and other accused were smuggled Ganja to Srilanka and other accused were arrested and remanded to judicial custody and this petitioner was absconding. Only this petitioner and his mother sold Ganja to other accused and this petitioner was arrested only on 28.08.2015 and https://hcservices.ecourts.gov.in/hcservices/ the involvement of the petitioner has to be investigated.
5.The learned counsel for the petitioner submitted that the other accused Nos.1 and 2 were arrested and released on bail by the Sessions Court in Cr.M.P.No.658 of 2015 and A3 and A4 were arrested and released on bail by this Court in Crl.O.P.(MD)No.9694 of 2015 and A7 was arrested and released on bail by this Court in Crl.O.P(MD)No.6399 of 2015 and A5 was granted anticipatory bail.
Sd/25/11/2015
/True Copy/
Sub Assistant Registrar (C.S) Madurai Bench of Madras High Court, Madurai.
TO
ORDER IN
CRL OP(MD) No.19660 of 2015 Date :25/11/2015 PBK/GSV-PM/SAR-I 27/11/2015 ::2P-5C::
2 issues framed by the court
Whether to grant bail to the accused charged with narcotics offences arising under the NDPS Act.
Whether the gravity of the offence and quantity of drugs involved preclude bail under Section 439 Cr.P.C.
2 provisions across 2 enactments
PANDIYARAJAN
STATE
V.M. Velumani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
