The High Court disposed of a bail application filed in a drug trafficking case. The court held that the trial court is the appropriate forum to challenge the prosecution case, and no prima facie case for bail was made out.
Bail application dismissed; no case made out for grant of bail.
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.O.P.No.21917 of 2022
Crl.O.P.No.21917 of 2022
N.SATHISH KUMAR, J.
This Criminal Original Petition has been filed to enlarge the petitioner (A1) on bail in C.C.No.32 of 2021, on the file of the learned Principal Special Judge for EC & NDPS Act, Chennai, in Crime No.3789 of 2020 pending on the file of the Inspector of Police – M-4, Red Hills Police Station, Chennai.
for the alleged offences punishable under Sections 8 (c), read with Sections 20(b)(ii)(c), 25 and 29 (1) of NDPS Act and Section 212 of IPC.
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bail. If it is the contention of the petitioner/A1 that there is no truth in the prosecution case, then the same can be canvassed before the trial Court by the petitioner and the trial Court can appreciate the same on the basis of the evidence adduced in this regard. Accordingly, no case is made out for grant of bail and hence this criminal original petition is dismissed.
03.11.2022
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N.SATHISH KUMAR, J.
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2 issues framed by the court
Whether the petitioner is entitled to bail on the grounds of lack of independent evidence linking him to the crime of drug trafficking.
Whethere the prosecution evidence, including the trial's progress, precludes the grant of bail at this stage.
2 provisions across 2 enactments
N.SATHISH KUMAR
STATE OF TAMIL NADU
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
