← Library
Madras High CourtCRL OP/1772/2023dismissed

Veerasivakumar v. State Of Tamil Nadu Rep By

2023-01-30Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 10.08.2022 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 29(1) & 25 of NDPS Act, in Crime No.406 of 2022 on file of the respondent police, seeks bail.

2. The case of the prosecution is that on receipt of the secret information, the respondent Police and his team went to the scene of occurrence and conducted a vehicle search, wherein, they found that the accused had illegally transported 21 Kilograms of Ganja in their car. Hence the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and since he has got a previous case of similar nature, he has been falsely implicated in this case. He further submitted that the petitioner is no way connected with the alleged offence and he is ready to abide by any

stringent conditions that may be imposed by this Court. He also stated that the petitioner is in custody from 10.08.2022 and therefore, he prays for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner along with the other accused was illegally transported 21 Kilograms of Ganja. He also submitted that the seized contraband is a commercial quantity. He also stated the petitioner is a habitual offender involving in the similar offences. Hence, he vehemently opposed to grant bail to the petitioner.

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

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned Government Advocate (Crl.Side) and also considering the fact that the alleged contraband is a commercial quantity, this

Court finds that this case needs detailed investigation and the petitioner is not entitled for grant of bail. Therefore, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 30.01.2023 ham

T.V.THAMILSELVI,J.

ham 30.01.2023