Petitioner applied for bail under Section 439 Cr.P.C. regarding arrest for possession of commercial quantity hashish oil. Court dismissed petition noting commercial quantity involved and no change of circumstances since previous dismissal on merits.
Criminal Original petition dismissed; bail refused.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :07.05.2020
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.7454 of 2020
A.Mumtaz Hussain
... Petitioner
Vs. The Intelligence officer, ... Respondent Narcotic Control Bureau, South Zone, Chennai. (File No.48/1/04/2019 NCB/MDS)
Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail pending investigation in File No.48/1/04/2019 NCB/MDSon the file of the respondent police.
For Petitioner : Mr.S.Ambedkumar For Respondent : Mr.N.P.Kumar Special Public Prosecutor for NCB Cases ORDER
The petitioner, who was arrested and remanded to judicial custody on 05.04.2019 for the offence punishable under Sections 8(c) r/w sections 20(b)(ii)(B) 27A, 28 & 29 of NDPS Act, in File No.48/1/04/2019 NCB/MDS, on the file of the respondent police, seeks bail.
prosecution and she did not commit any offence and she has been falsely implicated in this case and she did not have any knowledge about the contraband alleged by the co-accused. The actual weight of contraband only 320 grams and only to show a commercial quantity they also included the weight of polyethylene covers. Further he submits that the investigation has been already completed and the final report is also ready. The petitioner is a lady and she has no previous antecedence. He further submitted that the petitioner is in judicial custody from 03.04.2019 and hence, he seeks bail for the petitioner.
-sd/07/05/2020
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE PRINCIPAL SPECIAL JUDGE FOR NDPS, CHENNAI.
2 THE INTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU, SOUTH ZONE, CHENNAI,
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, https://hcservices.ecourts.gov.in/hcservices/ POZHAL, CHENNAI 600 066.
CC to M/S. S.AMBED KUMAR Advocate on payment of necessary charges
TA-16/07/2020
2 issues framed by the court
Whether bail should be granted to the petitioner who is in possession of commercial quantity of hashish oil and whose previous bail petition was dismissed on merits.
Whether there are any change of circumstances to reconsider the bail application.
2 provisions across 2 enactments
A.Mumtaz Hussain
The Intelligence officer, Narcotic Control Bureau, South Zone, Chennai
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
