The court dismissed a bail petition filed by a college student accused of possessing 4 kilograms of liquid hashish. Noting the quantity as commercial, the court was not inclined to grant bail and dismissed the petition.
The Criminal Original Petition No.17804 of 2020 seeking bail was dismissed.
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 )
Wednesday, the Seventh day of April Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice M.DHANDAPANI
CRIMINAL ORIGINAL PETITION No.17804 of 2020
1 AADHIL MON [ PETITIONERS / ACCUSED ] 2 AJIL SATHYAN
Vs
STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, M-4 REDHILLS POLICE STATION, CHENNAI-52. CRIME NO.3794/2020
For Petitioner : M/S P.PRINCE PREMKUMAR Advocate
For Respondent : Mrs.M.Prabhavathi Additional Public Prosecutor
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner, who was arrested and remanded to judicial custody on 21.08.2020 for the alleged offences punishable under Sections 8(c) r/w 20(b) (ii)(B), 25, 29(1) of NDPS Act 1985, in Crime No.3794 of 2020, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner is a college student and he was in possession of 4 kilograms of liquid hashish. Hence, the complaint.
3.The learned counsel appearing for the petitioner submits that the petitioner is a college going student and he 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 anticipatory bail to the petitioner.
4.The learned Additional Public Prosecutor submits that the petitioner was in illegal possession of 4 kilograms of liquid hashish. Hence he vehemently opposed for grant of bail to the petitioner.
5.Considering the fact that the petitioner was in possession of 4 kilograms of liquid hashish, which is of commercial quantity, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
-sd/-
07/04/2021
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-II, PUZHAL,
CHENNAI
2 INSPECTOR OF POLICE,
M-4 REDHILLS POLICE STATION,
CHENNAI-52.
3 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
CC to M/S P.PRINCE PREMKUMAR Advocate on payment of necessary
charges
CRL OP.17804/2020
Date :07/04/2021
RVR 04/05/2021
2 issues framed by the court
Whether the petitioner can be granted bail under Section 439 Cr.P.C. in a case involving commercial quantity of narcotic drugs.
Whether the amount of 4 kilograms of liquid hashish constitutes a commercial quantity warranting denial of bail.
2 provisions across 2 enactments
AADHIL MON
AJIL SATHYAN
STATE REP BY INSPECTOR OF POLICE, M-4 REDHILLS POLICE STATION, CHENNAI
M. DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
