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Shafeeque v. the Inspector of Police

Madras HC12 Jun 2018CRL OP(MD)/7237/2018

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner charged under the NDPS Act for possessing Ganja. The court noted the FIR lacked confidence and the quantity was small, directing the petitioner to surrender and apply for regular bail before the Special Court.

What did the court decide?

Anticipatory bail granted, direction to surrender and apply for regular bail before the Jurisdictional Special Court on admission.

Shafeeque Vs the Inspector of Police — Narcotics (NDPS) | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Tuesday, the Twelfth day of June Two Thousand Eighteen

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PRESENT

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The Hon`ble Mr.Justice G.R.SWAMINATHAN

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CRL OP(MD) No.7237 of 2018

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SHAFEEQUE ... PETITIONER/SOLE ACCUSED

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STATE REP.BY, THE INSPECTOR OF POLICE PALANI TK POLICE STATION, DINDIGUL DISTRICT. CRIME NO.60 OF 2018 ... RESPONDENT/COMPLAINANT

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For Petitioner : MR.K.N.GOVARDHANAN, Advocate

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For Respondent : MR.A.ROBINSON, Government Advocate (Crl.Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Section 8(c) r/w 20(b) (II) (B) and 25 of NDPS Act., in Crime No.60 of 2018, seeks anticipatory bail.

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2.The case of the respondent is that a bag contained about 4 Kg and 850 gms of Ganja was recovered from the Car driven by the petitioner.

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3.This Court went through the contents of the F.I.R. They do not inspire the confidence of this court. At the same time the fact remains that the contraband involved is a small quantity. It is true that Section 37 of the NDPS Act will not apply in this case. There are several suspicious features obtaining in this case. The petitioner admitted that he has driven the Mercedes Benz Car.

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4.Even though this Court taking into account the circumstances obtaining in this case, this Court is inclined to grant anticipatory bail, considering the fact that it is an offence arising under NDPS Act, this Court is of the view that the https://hcservices.ecourts.gov.in/hcservices/ petitioner should surrender before the Jurisdictional Special Court and apply for regular bail and on such application is being filed,

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the Jurisdiction Special Judge shall consider the same on the same day.

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5.Accordingly, this Criminal Original Petition is disposed of.

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/ TRUE COPY /

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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1 THE JUDICIAL MAGISTRATE, PALANI

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2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT

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3 THE INSPECTOR OF POLICE PALANI TALUK POLICE STATION, DINDIGUL DISTRICT

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4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1. CC to MR.K.N.GOVARDHANAN Advocate SR.No.10273

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PK/PN/ASVM/18.06.2018 : 2P/6C

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https://hcservices.ecourts.gov.in/hcservices/

Shafeeque v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Shafeeque v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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