PALANI Vs. STATE

JUDGEMENT

(1.) THE petitioner has approached this Court seeking for grant of bail in C.C.No.261 of 2008 on the file of the Special District and Sessions Judge EC and NDPS Act Cases, Madurai.

(2.) A case was registered against the petitioner for the alleged offence under Sections 8 (c) r/w. 20 (b) (ii) (C) and Section 25 of Narcotics Drug and Psychotropic Substance Act. He was arrested and remanded to judicial custody on 18/10/2007. In support of the petition, the petitioner had argued before the learned Single Judge that he is in judicial custody for a period of 283 days and co-accused No.3 was released on bail in Criminal Original Petition No.4341 of 2008 dated 18/6/2008. By order dated 13/8/2008, the learned Single Judge ordered as follows:-

(3.) MR.Siva Iyyappan, the learned Government Advocate (Criminal Side), who represented in Crl.O.P.(MD).No.4341 of 2008 was heard. He had submitted that he brought to the notice of the Court that Section 37 of NDPS Act stands as bar for granting bail, but it was not incorporated in the order and he further submitted that the total quantity that was available in the auto rickshaw was weighing about 70 kg Ganja.