In Criminal Original Petition No. 21160 of 2024, the Madras High Court dismissed a bail application filed by a petitioner remanded in custody for alleged offences under the NDPS Act involving 20.600 kgs of ganja, noting grave charges, commercial quantity, prior pending case, and no change in circumstances.
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CRL OP. 21160 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-12-2024
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL
CRL OP. 21160 of 2024
MANOJ KUMAR MAJHI S/O NARASINGH KUMAR MAJIHI, KALIDASPUR, BALIMEDA, BALIMED, BHADRAK, ODISHA 477 OF 2024
PETITIONER
Vs
STATE OF TN
THE INSPECTOR OF POLICE , PEW ERODE POLICE STATION, ERODE DISTRICT. CRIME NO 477 OF 2024
RESPONDENT
For Petitioner : MR.M.VIGNESH
For Respondent : MR.S.BALAJI,
GOVERNMENT ADVOCATE (CRL.SIDE)
ORDER
The petitioner, who was arrested and remanded to judicial
custody on 24.05.2024 for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(C) of NDPS Act, in Crime No.477 of 2024
on the file of the respondent police, seeks bail.
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CRL OP. 21160 of 2024
the respondent police submitted that when the respondent police received a secret information about the illegal transport of ganja, they
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went to the scene of occurrence, wherein they found the petitioner along with other accused is in possession of 20.600 kgs of ganja, which is a commercial quantity. He further submitted that based on the confession statement of A1, he grows the ganja plant in his own land and sells it to Accused/A2. He further submitted that the entire contraband was recovered from this petitioner, and that the petitioner has one previous case, similar in nature, pending against him, and that the petitioner belongs to the native of Orissa. He further submitted that the investigation is completed and the charge sheet to be filed before the Special Court for EC & NDPS Court, Coimbatore. Hence, he vehemently opposed for the grant of bail to the petitioner.
grave nature of offence and the quantity of contraband involved is a commercial quantity, even as per the prosecution, the entire contraband was recovered from this petitioner, and the petitioner has one previous
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P.DHANABAL, J.
drl
case similar in nature pending against him, investigation was completed and now the case is posted for trial, and already this court dismissed the earlier bail application and there is no change of circumstances, therefore at this stage, it is not appropriate to consider the bail application of the petitioner. Hence, this Criminal Original Petition stands dismissed.
11-12-2024
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2 issues framed by the court
Whether bail should be granted to the petitioner charged with illegal transport of ganja in a commercial quantity.
Whether the petitioner's personal circumstances constitute a change of circumstances warranting bail after dismissal of an earlier application.
MANOJ KUMAR MAJHI
STATE OF TN
INSPECTOR OF POLICE, PEW ERODE POLICE STATION
P. DHANABAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
