The petitioner, an accused in an NDPS case involving possession of 228 kg of ganja, filed a fourth bail application. The High Court dismissed the petition, relying on the large quantity of drugs and the strict conditions under Section 37 of the NDPS Act, while directing the trial court to conclude the trial within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL OP(MD). No.15792 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 23/09/2024
PRESENT
THE HON`BLE MR.JUSTICE B.PUGALENDHI
CRL OP(MD). No.15792 of 2024
Srimathi Indiragandhi, ... Petitioner/Accused No.7
Vs
The State of Tamil Nadu, Rep by the Inspector of Police, Thoothukudi Pew Police Station, Tirunelveli District. (In Crime No.584 of 2023). ... Respondent/Respondent
For Petitioner :Mrs. P.Krishnaveni Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side)
PETITION FOR BAIL Under Sec.483 of BNSS
PRAYER :-
To enlarge the Petitioner on bail in connection with the case in C.C.No.62 of 2024 on the file of the Learned Principal Special Court for Trial of Narcotic Drugs and Psychotropic Substances Act Case, Madurai in Crime No.584 of 2023.
ORDER : The Court made the following order :-
1/4
CRL OP(MD). No.15792 of 2024
The petitioner, who was arrested on 28.08.2023 for the offences punishable under Sections 8(c) r/w 20(b) (ii) (C) 25, 29(1) of NDPS Act, in Crime No.584 of 2023, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner along with other accused was in possession of 228 kg of ganja.
3.This is the fourth application filed by this petitioner seeking bail. The earlier applications filed by this petitioner were dismissed by this Court on 03.11.2023, 03.01.2024 and 11.06.2024 considering the quantity of ganja involved in this case.
4.The learned counsel appearing for the petitioner submits that the petitioner is having a good case, however, the same has not been considered by this Court, in view of the bar under Section 37 of NDPS Act.
5.It appears that the petitioner is repeatedly filing applications seeking bail. Considering the nature of offence and the bar under Section 37 of NDPS Act, this Court is not inclined to grant bail to this petitioner. https://www.mhc.tn.gov.in/judis
2/4
CRL OP(MD). No.15792 of 2024
6.Accordingly, this Criminal Original Petition is dismissed. Since the bail
application of the petitioner is rejected, it is the responsibility of the trial Court to conclude the trial at the earliest. It is reported that final report has already been filed and it is pending in CC No.62 of 2024, before the Special Court for NDPS Act Cases, Madurai. The trial Court is directed to conclude the trial within a period of six months from the date of receipt of a copy of this order.
sd/23/09/2024
/ TRUE COPY /
/09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
VRN
TO
3/4
CRL OP(MD). No.15792 of 2024
ORDER IN CRL OP(MD) No.15792 of 2024 Date :23/09/2024
SS/JGB/SAR- /27/09/2024/4P/5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
4/4
2 issues framed by the court
Whether bail should be granted to the petitioner accused in an NDPS case involving a large quantity of ganja?
Whether the statutory bar under Section 37 of the NDPS Act precludes the grant of bail in this matter?
3 provisions across 2 enactments
Srimathi Indiragandhi
The State of Tamil Nadu
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
