Petitioner seeking bail in an NDPS case involving 1.200 kg of Ganja and previous NDPS cases. Court granted bail subject to executing a bond with sureties and daily reporting to police, noting previous detention order revocation.
Bail granted subject to executing a bond for Rs.10,000 with two sureties and daily reporting to police at 10.30 a.m.
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Crl.O.P.No.289 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.01.2024
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
Crl.O.P.No.289 of 2024
Sanjay Kumar
... Petitioner
Vs.
The State represented by The Inspector of Police, P3, Vyasarpadi Police Station, Chennai. Crime No.220 of 2023 ... Respondent
PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.220 of 2023 on the file of the respondent Police.
For Petitioner : Mr.S.Krishnamoorthy
For Respondent : Mr.L.Baskaran Government Advocate (crl.side)
ORDER
The petitioner who was arrested and remanded to judicial custody
on 27.10.2023 for the offences registered under Sections 8(c) r/w 20(b)(ii)(B)
of NDPS Act in Crime No.220 of 2023 on the file of the respondent Police,
Crl.O.P.No.289 of 2024
seeks bail.
2.The case of the prosecution is that the petitioner was found in illegal possession of 1.200 kg of Ganja.
3.The learned Government Advocate (crl.side) submitted that there are seven previous cases against the petitioner, out of which, three cases are registered under NDPS Act. He would submit that the petitioner was detained under Act 14 of 1982 and subsequently, the Government revoked the detention order in G.O. No. (Rt) No.7313, dated 29.12.2023.
4.Taking all the factors into consideration and the period of incarceration and the quantity of contraband seized in this case, I am inclined to grant bail to the petitioner subject to the following conditions:
5.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/ - (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the
Principal Special Court under EC & NDPS Act, Chennai and on further conditions that:-
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b]the petitioner shall report before the respondent Police,
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everyday at 10.30 a.m., until further orders.
[c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
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vkr
To
C.V.KARTHIKEYAN,J.
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1 issue framed by the court
Whether the petitioner is entitled to bail in an NDPS Act case given prior history and quantity of contraband?
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
3 provisions across 3 enactments
Sanjay Kumar
The State represented by The Inspector of Police, P3, Vyasarpadi Police Station, Chennai
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
