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1993 Supreme(MP) 338

K.SWAMIDURAI, K.VENKATASWAMI
SUNDARESAN ALIAS MEGANATHAN ALIAS MEGA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
I.SUBRAMANIAM, S.KRISHNASWAMY

SWAMIDURAI, J.

( 1 ) THE accused in Crime No. 211 of 1993 on the file of the Inspector of Police, R4 Pondy Bassar Police Station, Madras has filed this petition for grant of bail under Section 439 of the Codeof Criminal Procedure.

( 2 ) THE petitioner stands charged for A offence punishable under Section 20 (b) (i) of the Narcotic Drugs and Psychotropic Sub-tances Act, 1985 (hereinafter referred to as NDPS Act ). The respondent is stated to have seized one kilo and 50 grams of Ganja from the petitioner on 5-3-1993 at about 9. 30 p. m. and remanded to judicial custody on 6-3-93 at about 9. 00 a. m. for fifteen days. The petitioner submits that the order of remand is illegal and that the entire story of the prosecution is false and fabricated. The case of the petitioner is that after the arrest on 5-3-93 at 9. 30 p. m. he was confined in a hotel room and that the petitioner was not informed of the grounds of arrest, nor was he permitted to inform his people or to consult his legal practitioner of is choice. According to the petitioner, all the mandatory procedures prescribed in the NDPS Act were not followed and the petitioner was subjected to untold sorrow. No case has been made out






























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