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Madras High CourtCRL OP/1248/2023dismissed

Lijo v. The State Rep By Inspector Of Police

2023-01-23Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 8(c), 20(b)(ii)(B) and 22(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.535 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on receiving a secret information, the respondent Police along with his team went to the scene of occurrence and they found the petitioner along with other accused were in illegal possession of 1.5 kgs of dry Ganja and 54 grams of methamphetamine. Hence the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has nothing to do with the alleged offence. He further submitted that since he happens to be the friend of

A2, he has been falsely implicated in this case. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) submitted that the petitioner along with the other accused were involved in illegal transportation of 1.5 kgs of dry Ganja and 54 grams of methamphetamine, which is a commercial quantity. He would further submit that the forensic lab report has not yet been received and the investigation has also not completed. Therefore, he vehemently opposed for grant of bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case and also taking note of the quantity of the contraband which is a commercial quantity and that the forensic lab report has not yet been received, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition stands dismissed. 23.01.2023 vkr

T.V.THAMILSELVI, J.

vkr 23.01.2023