BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13832 of 2011 RAMADOSS @ RAMU ... PETITIONER / ACCUSED NO.2 Vs STATE REP. BY THE INSPECTOR OF POLICE MANDAPAM MARINE POLICE STATION, RAMNAD DISTRICT. ( CRIME NO.21 OF 2011 ) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. T.K.SAMPATH Advocate For Respondent : M/S.K.S.DURAIPANDI Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the second accused in Crime No.21 of 2011 on the file of the respondent police, for offence under Sections 8C r/w 20(b) (ii) (B) and 25 of NDPS Act. The petitioner was arrested on 28.09.2011. He has come forward with this petition seeking bail. 2. According to the case of prosecution, the petitioner was found in possession of 5 Kgs of Kanja on 28.09.2011. 3. The learned Counsel appearing for the petitioner would deny the above allegation. According to him, the petitioner has been falsely implicated in this case. He would further submit that the quantity of the contraband allegedly seized from the petitioner is not a commercial quantity and therefore, Section 37 of the NDPS Act is not applicable. He would further submit that the petitioner has got permanent abode and he will not evade from the process of law. 4. I have considered the above submissions. 5. Having regard to the fact that the quantity of the contraband allegedly seized from the petitioner is not a commercial quantity, I am inclined to grant bail to the petitioner, but with stringent conditions. 6. In the result, this petition is ordered and bail is granted to the petitioner on the following conditions. https://hcservices.ecourts.gov.in/hcservices/ i) The petitioner shall be enlarged on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a likesum to the satisfaction of the learned Additional District and Sessions Judge / Presiding Officer, Special Court for E.C and NDPS Act Cases, Pudukottai; and ii) the petitioner shall report before the respondent police, everyday at 10.30 a.m. for a period of four weeks. sd/- 20/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE / PRESIDING OFFICER SPECIAL COURT FOR E.C AND NDPS ACT CASES, PUDUKOTTAI 2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE INSPECTOR OF POLICE MANDAPAM MARINE POLICE STATION, RAMNAD DISTRICT. 4 THE OFFICER INCHARGE DISTRICT JAIL, RAMNAD +1. CC to M/S. T.K.SAMPATH Advocate SR.No.36464 ORDER IN CRL OP(MD) No.13832 of 2011 Date :20/10/2011 SMA/20.10.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/