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Madras High CourtCRL OP/3667/2024dismissed

Jasbir Singh Anand v. The Inspector Of Police

2024-04-23Honourable Mrs Justice T.V.Thamilselvi3 pages

Crl.O.P.No.3667 of 2024 T.V.THAMILSELVI, J.

This petition has been filed to enlarge the petitioner on bail pending trial in CC No. 1025 of 2023 on the file of the Principal Special Judge NDPS Act Chennai.

2. The case of the prosecution is that the respondent police arrested A1 for illegal possession of 20 grams of cocaine and based on the confession of A1, the petitioner was implicated in this case and also seized 5 grams of cocaine. Hence, the case.

3. The learned counsel for the petitioner submits that at the time of arrest the petitioner was in possession of 5 grams of cocaine which is intermediate quantity and thereafter 20 grams of ecstasy pills were seized from his house. Further, he stated that the petitioner was arrested after one month from the arrest of A1 and also based on the confession only he was implicated in this case. Hence, he prays to allow this petition.

4. The learned Government Advocate (Crl. side) submits that based on confession of A1 the petitioner implicated in this case and also

the petitioner is having similar NDPS case in Bangalore. By way of reply, the learned counsel for the petitioner submits that in that case he was released by the High of Karnataka on bail.

5. Considering the facts of the case, as there is a discrepancy in the mahazar in respect of recovery of contraband but the petitioner is having similar type of NDPS case in Bangalore. Hence, it is hit by Section 37 of NDPS Act. Therefore, this Court is not inclined to grant bail to the petitioner. Accordingly, this petition is dismissed. 23.04.2024 pbl

T.V.THAMILSELVI, J.

pbl Crl.O.P.No.3667 of 2024 23.04.2024