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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.Karthikeyan
K.Ganesh Babu – Appellant
Versus
State Rep. by Inspector of Police F-3 – Respondent
| Table of Content |
|---|
| 1. fir registered (Para 2) |
| 2. contraband transportation (Para 3 , 4 , 5) |
| 3. previous cases against petitioner (Para 6) |
| 4. reliance on supreme court order (Para 7 , 8) |
| 5. petitioner's involvement in earlier cases (Para 9) |
| 6. conditions for bail under ndps act (Para 10 , 11) |
| 7. petition dismissed (Para 12) |
ORDER :
C.V. Karthikeyan, J.
This Petition seeking bail had been filed by A-3 in C.C.No. 187 of 2023 pending before the Principal Special Court for Exclusive Trial of Cases under NDPS Act at Chennai.
2. The respondent had initially registered FIR in Cr.No.114 of 2022 for offences punishable under Sections 8(c), 20(b)(ii)(C), 25 and 29(1) of NDPS Act 1985 on 28.05.2022. The petitioner had been arrayed as an accused on the confession of the first accused. The petitioner had been remanded to custody on 28.12.2022.
3. It is the case of the prosecution that on 28.05.2022 at around4.30 p.m., secret information had been received about transportation of ganja. The information had been entered in the general diary. The respondent then intercepted a mini lorry bearing Registration No. MH. 05- AM-1243 near Arambakkam Police Station, opposite GNT Road, Check Post. The first accused, drive
The court denied bail under Section 37 of the NDPS Act due to the petitioner's history of similar offences and role as a financier in drug transportation.
The court emphasized the importance of evaluating the risk of re-offending when considering bail in cases involving serious criminal charges.
The court established that conscious possession of narcotics is critical for bail under the NDPS Act, and procedural compliance does not negate the evidence of possession.
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