The Madras High Court granted bail to the petitioner arrested under NDPS Act for illegal possession of 2.500 kgs of Ganja, citing intermediate quantity and no bad antecedents, imposing conditions including daily police reporting.
Petitioner ordered released on bail for Rs. 10,000 with two sureties, subject to daily reporting and other conditions.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2024
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.6258 of 2024
Ashok Barik
... Petitioner
Vs.
State Rep by. The Inspector of Police NIB CID, Salem Crime No. 2 of 2024
... Respondent
PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C.,
pleased to order enlarge the petitioner on bail in connection with crime No.2 of 2024 on the file of the respondent police herein.
For Petitioner : Mr.T.N.Rangeshkanna For Respondent : Mr.V.Meganathan Government Advocate (Crl. side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 103.01 2024 for the alleged offences punishable under Sections
8 (c ) r/w 20(b)(ii)(B) of NDPS Act in crime No.2 of 2024 on the file of the respondent, seeks bail.
has been falsely implicated in this case and he is an innocent person. Hence, he prays to allow this petition.
petitioner and also there is no bad antecedents against the petitioner and also the contraband recovered from the petitioner is intermediate quantity. Hence, this Court is inclined to grant bail to the petitioner.
[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 stay at salem and report before the respondent police daily at 10.30 a.m., until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
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[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 abscond, a fresh FIR can be registered under Section 229A IPC.
16.04.2024
pbl
T.V.THAMILSELVI,J.
pbl
To
Crl.O.P.No.6258 of 2024
16.04.2024
1 issue framed by the court
Whether bail can be granted to the petitioner arrested under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act for illegal possession of 2.500 kgs of Ganja.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶32
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
2 provisions across 2 enactments
Ashok Barik
State Rep by The Inspector of Police NIB CID, Salem
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
T.V. Thamilselvi
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