Karuppiah vs The State
2022 Latest Caselaw 18295 Mad

                                                         1

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT


                                            ( Criminal Jurisdiction )
                                                Dated: 23/12/2022


                                                      PRESENT
                                       The Hon'ble   Mr.Justice G.ILANGOVAN


                                            Crl.OP(MD)No.22725 of 2022

                     Karuppiah                                  : Petitioner/A3

                                                        Vs.

                     The State
                     rep. By the Inspector of Police,
                     Theni NIB-CID Police Station,
                     Theni District.
                     (Crime No.19/2022)               : Respondent/Complainant

                                    For Petitioner     : Mr.K.Jeyamohan

                                    For Respondent     : Mr.B.Nambiselvan
                                                         Additional Public Prosecutor

PETITION FOR BAIL under Sec.439 of Cr.P.C

PRAYER :-C32B.For Bail in Crime No.19 of 2022 on the file

of the Respondent police.

ORDER : The Court made the following order:-

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The petitioner, who is arrayed as A3 was arrested,

on 10/05/2022 and remanded to judicial custody for the

alleged offences punishable under sections 8(c), 20(b),

(ii)(C), 25, 29(1) of NDPS Act, in Crime No.19 of 2022 on

the file of the respondent police, seek bail.

2.The case of the prosecution is that on secret

information, the police team on 09/05/2022 at about 11.00

pm, went to the place of occurrence along with the police

informer. On 10/05/2022 on the early morning at about

00.20 am, suspect was identified by the informer. The

suspect was found in possession of a white bag. Search

was made and it was found that he was in possession of 14

kgs of ganja. He was apprehended and further process was

also undertaken as per Rules.

3.On the information furnished by the accused

namely Vijayan, Police team went to the Bodi bus-stand.

Two persons were identified by A1. They were apprehended

and on enquiry, they revealed their names as Balamurugan

and Karuppiah, who are the petitioners herein. The first

petitioner Balamurugan was the driver of the aforesaid

Omni Van bearing registration No.KL-03-B-5171. On search,

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they were found in possession of 12 kgs of ganja and

further process was also undertaken. Both the two accused

have been arrested on the spot and remanded to judicial

custody.

4.Heard both sides.

5.Crl.OP(MD)No.10772 of 2022 was filed by the

petitioner along with the co-accused jointly and that

came to be dismissed, on 19/07/2022 on the ground that

section 37 of the NDPS Act has not been complied and

possession of one person cannot be segregated from the

possession of other person, since according to the

prosecution, it is the habit of the accused persons to

purchase the contraband in bulk from Andhra Pradesh and

transporting the same to Tamil Nadu, storying in the

house of A2 and selling in retail.

6.Now the learned counsel appearing for the

petitioner would rely upon the very same judgment with

the regard to the separate possession, in the light of

the recent order that has been passed by the coordinate

Bench of this Court in Crl.OP(MD)No.21309 of 2022, dated

14/12/2022. But I am afraid that such sort of contention

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can be raised and accepted. As mentioned in the above

said observation, it is the allegation that he has

purchased ganja from Andhara Pradesh and transported the

same to Tamil Nadu and selling the same. So that was

taken into account in the earlier occasion and find no

change of circumstances. Whether the conscious possession

can be attributed to the petitioner is the only point

which got to be decided at the time of trial.

7.Now the learned Additional Public Prosecutor

would submit that now final report has been filed and

taken cognizance in Special CC No.1126 of 2022 and today

the case is posted for engaging a counsel on behalf of

the accused.

8.In the light of the above said development, this

criminal original petition is dismissed, of course with

liberty to approach the trial court seeking regular bail,

by furnishing the bail application details that were

filed and the results.

                     Index:Yes/No
                     Internet:Yes/No                                            23/12/2022
                     er

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To,

1.The Inspector of Police, Theni NIB-CID Police station, Theni District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN,J

er

Crl.OP(MD)No.22725 of 2022

23/12/2022

https://www.mhc.tn.gov.in/judis

https://www.mhc.tn.gov.in/judis