Bail application filed by an accused charged under NDPS Act for commercial quantity of amphetamine. Court declined bail citing grave nature, commercial quantity, incomplete investigation, and that arrest procedural issues must be decided at trial.
Criminal Original Petition for bail dismissed.
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CRL O.P. No.20395 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 26.09.2024
CORAM
The Hon`ble Mr.Justice P.DHANABAL
CRL OP.No.20395 of 2024
K. Reena W/o. P. Kalaimani ... Petitioner /Accused No.7 Vs The Intelligence Officer, NCB, Chennai. ... Respondent [C.C. No.547 of 2024] PRAYER: - The Criminal Original Petition is filed under Section 483 of
B.N.S.S., praying to grant bail to the petitioner/Accused in C.C. No.547
of 2024 on the file of the respondent police.
For Petitioner : Mr. S. Ramya
For Respondent : Mr. N.P. Kumar Special Public Prosecutor.
ORDER
The petitioner/Accused No.7, who was arrested and remanded to
judicial custody on 01.01.2024 for the offences punishable under Sections 8(c) read with Section 21(c), 22(C), 28 and 29 of Narcotic Drugs & Psychotropic Substances Act, 1985 in C.C. No.547 of 2024 on
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the file of the respondent police, seeks bail.
other accused was found in illegal possession of 11 kgs of Amphetamine. Hence the case.
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petitioner, that there is no change of circumstances, that since it is commercial quantity, some of the persons involved in this case were summoned and they appeared before the respondent police for enquiry and during the enquiry, it came to know that this petitioner is also involved in the occurrence. Hence, at this stage,the petition is liable to be dismissed.
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index: Yes/No Internet: Yes/No Speaking/Non Speaking order mjs To 1.The Public Prosecutor, Madras High Court, Chennai. 2.The Intelligence Officer, NCB, Chennai.
P.DHANABAL, J mjs
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2 issues framed by the court
Whether bail should be granted to the accused accused of possession of narcotic drugs in a commercial quantity and procedural violations claimed during arrest.
Whether procedural violations alleged during arrest can be decided at bail stage.
K. Reena
The Intelligence Officer, NCB, Chennai
P. DHANABAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
