This judgment dismisses a second bail application filed by an accused under the NDPS Act charged with possession of ganja. The court noted the commercial quantity involved and the prior dismissal, finding no change of circumstances to warrant bail.
Bail application dismissed; order to carry the petitioner into 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Tuesday, the Twenty Fourth day of August Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice M.DHANDAPANI
CRIMINAL ORIGINAL PETITION No.15069 of 2021
SELVAM [ PETITIONER / ACCUSED ]
Vs
STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, P-1, PULIANTHOPE POLICE STATION, CHENNAI. (CRIME NO.1169/2020)
For Petitioner : M/S G.ELAMARAN Advocate
For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side)
ORDER : The Court Made the following order :-
The petitioner, who was arrested and remanded to judicial custody on 03.10.2020 for the offence under Sections 8(c) r/w 20(b)(ii)(B) 25 and 29(1) of NDPS Act, in Crime No.1169 of 2020 on the file of the respondent police, seeks bail.
3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.
4.The learned Government Advocate (Crl. Side) submitted that earlier bail application was dismissed by this Court and there is no change of circumstances and the contraband is a commercial quantity. Hence, he vehemently opposed for grant of bail to the petitioner.
5.Considering the facts and circumstances of the case and also the fact that the petitioner has involved in very offence and earlier application was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed.
-sd/-
24/08/2021
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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, P-1, PULIANTHOPE POLICE STATION, CHENNAI .
CC to M/S G.ELAMARAN Advocate on payment of necessary charges
CRL OP.15069/2021
Date :24/08/2021
RW 20/09/2021
1 issue framed by the court
Whether bail should be granted to the petitioner charged with unlawful possession of ganja in a commercial quantity after a prior bail application was dismissed.
1 provisions across 1 enactments
SELVAM
THE STATE
M. DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
