The Madras High Court in a bail petition under Section 439 Cr.P.C. denied relief to the petitioner, an accused in heroin/methamphetamine conspiracy, by a three-line order. Finding the petitioner possessed 60 grams of Methamphetamine, the Court held this quantity warranted detention and dismissed the petition.
Petition dismissed; no bail granted.
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.19109 of 2020
ARSATH ALI [ PETITIONER / ACCUSED ]
Vs STATE REP BY ITS [ RESPONDENT ] INSPECTOR OF POLICE, NIB-CID, CHENNAI. CRIME NO.03 OF 2020
For Petitioner : M/S.R.GANESH KUMAR Advocate
For Respondent : M/S.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 22.01.2020 for the alleged offences punishable under Sections 8(c) r/w 20(b) (ii)(c), 27 A and 29(1) of NDPS Act, in Crime No.18 of 2020, on the file of the respondent police, seeks anticipatory bail.
3.The counsel on record for the petitioner submits that he is not appearing for the petitioner and he has filed change of vakalat.
4.The learned Additional Public Prosecutor submits that the petitioner along with other accused were in possession of 60 grams of Methamphetamine. However she vehemently opposed for grant of bail to the petitioner.
5.Considering the fact that the petitioner was in possession of 60 grams of Methamphetamine, this Court is not inclined to grant 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 OF POLICE,
NB-CID, CHENNAI.
2 THE INSPECTOR OF POLICE,
NIB-CID, CHENNAI.
3 THE PUBLIC PROSECUTOR,
HIGH COURT, MADRAS.
CC to M/S.R.GANESH KUMAR Advocate on payment of necessary
charges
CRL OP.19109/2020
Date :07/04/2021
MK:19/05/2021
2 issues framed by the court
Whether bail in offences under Sections 27A and 29(1) of NDPS Act merits to be granted when petitioner is found in possession of 60 grams of Methamphetamine.
Whether the nexus between high quantity of contraband and denial of bail justifies dismissal of the bail petition.
1 provisions across 1 enactments
ARSATH ALI
STATE REP BY ITS INSPECTOR OF POLICE, NIB-CID, CHENNAI
M. DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
