Hon"ble Madras High Court dismissed a bail petition filed by an accused charged under the NDPS Act. The Court held the contraband was of commercial quantity and the accused failed to satisfy the statutory twin conditions under Section 37.
Bail petition dismissed. Trial Court directed to complete proceedings expeditiously within three months.
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.
CRL OP(MD). No.2812 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 23/06/2021
The Hon`ble Mr.Justice G.CHANDRASEKHARAN
CRL OP(MD). No.2812 of 2021
K.Mareeshwaran ... Petitioner/Accused No.3
Vs
State Rep. by The Inspector of Police, Karimedu Police Station, Madurai City, in Crime No.1403 of 2020. ... Respondent/Complainant
For Petitioner : Mr.Sathish Kumar.K., Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in crime No.1403 of 2020 on the file of the respondent police
ORDER : The Court made the following order :-
The petitioner/A3, who was arrested on 20.09.2020 for the offences punishable under Section 8(c) 20(b)(ii)(C), 25 and 29(1) of NDPS Act in Crime No.1403 of 2020 on the file of the respondent police, seeks bail.
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CRL OP(MD). No.2812 of 2021
be searched by the police a search was conducted by the police. They found two white colour polythene bag in the car dicky. The accused informed the police party that they had purchased 25kg ganja at Ariyangavu and when they were coming with ganja they were apprehended by the police,therefore the case came to be registered.
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CRL OP(MD). No.2812 of 2021
sd/23/06/2021
/ TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1 THE JUDGE, PRINCIPAL SPECIAL COURT FOR EC & NDPS ACT CASES, MADURAI.
2 THE INSPECTOR OF POLICE, KARIMEDU POLICE STATION, MADURAI CITY.
3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.2812 of 2021 Date :23/06/2021
aav
JM/JC/SAR IV/28.06.2021/3P/5C
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2 issues framed by the court
Whether bail should be granted to the petitioner arrested under the NDPS Act for possession of ganja.
Whether the petitioner has satisfied the twin conditions under Section 37 of the NDPS Act.
3 provisions across 2 enactments
K.Mareeshwaran
State Rep. by The Inspector of Police, Karimedu Police Station, Madurai City
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
