Murali v. State Rep By

T.V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 29.10.2020 for the alleged offences punishable under Sections 8(c), 20(b)(ii)(C), 25 & 29(1) of NDPS Act, in Crime No.916 of 2020 on file of the respondent police, seeks bail.

2. The case of the prosecution is that on 28.10.2020 at about 10.00 a.m, the respondent police conducted a raid at Railway Station Road nearby Asargana Ground and found all the accused came by vehicle and having possession of 321.650 kgs of ganja, and the same were seized by the respondent police. Hence, the complaint.

3. Learned counsel for the petitioner submitted that this the third bail application of the petitioner before this Court and this Court had earlier dismissed the bail application in Crl.O.P.No.7631 & 20152 of 2022 vide order dated 05.04.2022 & 30.08.2022. He further submitted that the petitioner is in custody from 29.10.2020 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner along with the other accused persons and recorded their confession statement and seized 321.650 kgs of Ganga, TATA 1109 ex BS4 Car and Rs.2,80,000 from the accused persons. He further submitted that this petitioner is detained under the Tamil Act 14 of 1982 as a "Drug Offender" and also stated that this is the third bail application, therefore, 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 and the submissions made by the learned Government Advocate (Crl.Side) and also considering the fact that the petitioner is detained under "Drug Offender", this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 8.02.2023 drl

T.V.THAMILSELVI,J.

drl 08.02.2023