The High Court dismissed the bail petition of an accused charged with possessing 288 kg of ganja under the NDPS Act, declining to grant relief due to the gravity of the offence and a previous dismissal of the same petition.
Bail application dismissed; petitioner directed to complete trial proceedings expeditiously.
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 )
Friday, the Nineteenth day of November Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice M.DHANDAPANI
CRIMINAL ORIGINAL PETITION No.21875 of 2021
(On the file of the I-Additional Special Judge for NDPS Act Cases at Chennai)
1 JANGATTI VENKATESWARALU [ PETITIONERS / ACCUSED ]
2 MALE PRADEEP NAIK,
Vs
UNION OF INDIA THROUGH INTELLIGENCE OFFICER, [ RESPONDENT ] NARCOTICS CONTROL BUREAU, CHENNAI ZONAL UNIT, CHENNAI. R.R.NO.57 OF 2020
IN NCB F.NO.48/1/13/2020-NCB/MDS
For Petitioner : M/S.S.N.ARUNKUMAR Advocate
For Respondent : MR.S.SUGENDRAN, Govt. Advocate (Crl. Side)
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner, who was arrested on 12.11.2020 and remanded to judicial custody for the offences punishable under Sections 8(c) r/w Section 20(b)(ii)(c), 28 & 29 of Narcotic Drugs & Psychotropic Substances Act, 1985 in N.C.B.F.No.48/1/1312020 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that petitioner along with other accused person were found to be in possession of 288 Kgs of Ganja. Hence, the complaint.
3.The learned counsel appearing for the petitioner submitted 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 petitioner along with other accused person were found to be in possession of 288 Kgs of Ganja. He further submits that earlier, this Court had dismissed the bail petition in Crl.O.P.No.6603 of 2021 on 19.04.2021 filed by the petitioner and this is the second bail petition filed by him. Hence, he vehemently opposed for grant of bail to the petitioner.
6.Accordingly, this criminal original petition is dismissed.
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 I ADDITIONAL SPECIAL JUDGE FOR NDPS ACT CASES AT CHENNAI.
2 UNION OF INDIA THROUGH INTELLIGENCE OFFICER, NARCOTIC CONTROL BUREAU, CHENNAI ZONAL UNIT, CHENNAI.
3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.S.N.ARUNKUMAR Advocate on payment of necessary charges SR.NO.13111
JPA 29/11/2021
1 issue framed by the court
Whether bail should be granted to the petitioner accused of possessing a commercial quantity of ganja given a prior dismissed petition and lack of changed circumstances.
2 provisions across 2 enactments
JANGATTI VENKATESWARALU
MALE PRADEEP NAIK
UNION OF INDIA THROUGH INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU, CHENNAI ZONAL UNIT
M. DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
