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Madras High CourtCRL OP/1380/2023dismissed

Balaji@ Bala v. State Of Tamil Nadu

2023-01-23Honourable Mrs Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 27.03.2022 for the alleged offences punishable under Sections 8(c), 20(b)(ii)(B), 22(c) of NDPS Act, 1985 in Crime No.212 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with others accused were found in possession of 1.250 kgs of Ganja and LSD Stamps -10 Nos. (each containing 190 mg) and MDMA Tablets (5.12 g). Hence, the case.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration from 27.03.2022 onwards. Hence, he prays for grant of bail to the petitioner. 1/3

4. The learned Government Advocate (Crl.Side) submits that the contraband involved in this case is a commercial quantity. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is not yet completed and it is in preliminary stage. However, he would vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering that the contraband seized from the accused is commercial quantity and there is no change of circumstances and also considering the gravity of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

23.01.2023 rpp 2/3

T.V.THAMILSELVI, J.

rpp 23.01.2023 3/3