Petitioners sought bail for possession of 18 Kgs of ganja under NDPS Act. The Court denied bail, holding that the commercial quantity necessitates detailed investigation and stated it was not inclined to grant release.
Bail petition dismissed; petitioners not inclined to be granted bail due to commercial quantity of contraband requiring detailed investigation.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Monday, the Tenth day of January Two Thousand Twenty Two
PRESENT
The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.27 of 2022
1 SAKTHIVEL [ PETITIONERS / ACCUSED ] 2 CHINNASAMY
Vs
THE STATE REP BY INSPECTOR OF POLICE, PAPARAPATTI POLICE STATION, DHARMAPURI DISTRICT. CR.NO. 509 OF 2021.
[ RESPONDENT ]
For Petitioner : M/S. N.PONRAJ Advocate
For Respondent : MR. N.S.SUGANTHAN, Govt. Advocate ( Crl. Side)
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
(The case has been heard through video conference)
The petitioners who were arrested and remanded to judicial custody on 14.11.2021 for the offences under Sections 8(c) r/w 20(b) (ii)(B) of NDPS Act, in Crime No.509 of 2021, on the file of the respondent police seek bail.
3.The learned counsel for the petitioners would submit that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and that they have been suffering incarceration for more than 55 days from 14.11.2021 and hence, he would pray for grant of bail to the petitioners.
4.The learned Government Advocate (Crl. Side) would raise objection stating that totally 3 accused involved in this case and A1 is still absconding. He would further submit that the petitioners were illegally having 18 Kgs of Ganja at their house and that investigation is not completed.
-sd/-
10/01/2022
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 INSPECTOR OF POLICE, PAPARAPATTI POLICE STATION, DHARMAPURI DISTRICT.
2 THE SUPERINTENDENT, CENTRAL JAIL, SALEM. 3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
CC to M/S. N.PONRAJ Advocate on payment of necessary charges
CRL OP.27/2022
Date :10/01/2022
INBA~20/01/2022
3 issues framed by the court
Whether bail should be granted to petitioners accused of possessing 18 Kgs of ganja in a commercial quantity case.
If the nature of the offence involving a large quantity of contraband precludes bail until investigation is completed.
Whether the petitioners, charged under NDPS Act Section 8(c), merit release pending the outcome of detailed investigation.
2 provisions across 2 enactments
Sakthivel
Chinnasamy
The State Rep by Inspector of Police
T.V. THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
