In a bail application for possession of 75 kg of ganja, the Madurai Bench dismissed the second petition under Section 483 BNSS due to the nature of the offence and Section 37 NDPS bar, directing a six-month trial period.
Bail remains denied; trial directed to conclude 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.15793 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.15793 of 2024
Sivaprakash ... Petitioner/Accused No.3
Vs
The State of Tamil Nadu, Rep by the Inspector of Police, NIB-CID Police Station, Madurai District. (Crime No.2/2024.) ... Respondent/Complainant
For Petitioner : Mr.M.Chandra Sekaran, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side)
PETITION FOR BAIL Under Sec.483 of BNSS
PRAYER :-
To enlarge the petitioner/accused No.3 on bail in connection with the Case in Crime No.2/2024 on the file of the respondent police and thus render justice.
ORDER : The Court made the following order :-
The petitioner, who was arrested on 15.01.2024, for the offences punishable under Sections 8(c) r/w 20(b) (ii) (c) 25, 29(1) of NDPS Act, in Crime
No.2 of 2024, on the file of the respondent police, seeks bail.
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CRL OP(MD). No.15793 of 2024
2.The case of the prosecution is that the petitioner along with other accused was in possession of 75 kg of ganja.
3.This is the second application filed by this petitioner seeking bail. The
earlier application filed by this petitioner was dismissed by this Court on 10.07.2024, considering the quantity of ganja involved in this case.
4.The learned counsel appearing for the petitioner submits that since the petitioner is the owner of the vehicle bearing Reg.No.TN 59 CK 4966, the respondent police has falsely implicated this petitioner in this case.
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. 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.
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CRL OP(MD). No.15793 of 2024
VRN
To
1.The Special Judge, Principal Special Court for Trial of cases EC and NDPS Act Cases, Madurai.
2.The Inspector of Police, NIB CID Police Station, Madurai District.
3.The Superintendent, Central Prison, Madurai, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER IN CRL OP(MD) No.15793 of 2024 Date :23/09/2024
ED/ JGB /SAR- (27/09/2024) 3P / 5 C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether bail should be granted to the accused in a case involving large quantity of narcotics under Section 37 of the NDPS Act.
2 provisions across 2 enactments
Sivaprakash
State of Tamil Nadu
B. Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
