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2013 Supreme(Mad) 3743

M.VENUGOPAL
Saravanan – Appellant
Versus
State rep. by The Sub-Inspector of Police, Theni District – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:S. Muniyandi, Advocate.
For the Respondents:P. Kandasamy, Government Advocate (Crl.side).

Judgment :

1. The petitioner/A1 has focused the instant Criminal Revision before this Court, as against the order, dated 04.10.2013, passed in Crl.M.P.No.2581 of 2013, by the Learned Additional District Judge for Principal Special Court for NDPS Act Cases, Madurai.

2. The Learned Additional District Judge for Principal Special Court for NDPS Act Cases, Madurai, while passing the impugned order, dated 04.10.2013, in Crl.M.P.No.2581 of 2013, has inter alia observed that the petitioner is in custody from 12.07.2013. Contraband recovered from the petitioner is 20kgs and the contraband involved in this case is 30kgs of Ganja i.e. commercial quantity. For commercial quantity, the mandatory provision for bail is 180 days, but in this case, the petitioner is in custody fro 85 days. Under such circumstances, the petitioner is not entitled for an order of bail under Section 167(ii) Cr.P.C. and resultantly, dismissed the petition.

3. Assailing the correctness of the order of dismissal, dated 04.10.2013, passed in Crl.M.P.No.2581 of 2013, by the Learned Additional District Judge for Principal Special Court for NDPS Act Cases, Madurai, the Learned counsel for the petitioner/A1, submits that th

























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