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Madras High CourtCRL OP/4511/2023dismissed

Suji @ Sujatha v. The State Of Tamil Nadu

2023-03-10Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA,J.

The petitioner, who was arrested and remanded to judicial custody on 19.01.2023, for the alleged offences punishable under Sections 8(c), 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.30 of 2023, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that on receipt of the secret information, the respondent and his team went to the scene of occurrence, wherein, they found that the accused was in illegal possession of 1.200 Kilograms of Ganja. Hence the case.

3. Learned Counsel for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case, since she has got some previous cases of similar nature. He further submitted that the petitioner is in custody from 19.01.2023 and she is prepared to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4. Learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner is a habitual offender, against whom, 22 previous cases are pending, out of which, 16 cases are registered under NDPS Act, and also she is a history sheeted in H.S.No.MS/R/29/2022 (Ganja Seller) "C" category, on the file of the respondent Police Station. He further submitted that as far as this case is concerned, the petitioner was found to be in illegal possession of 1.200 Kilograms of Ganja. Hence, 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) 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 Additional Public Prosecutor and taking note of the previous antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed for the present.

10.03.2023 ham

A.D.JAGADISH CHANDIRA,J.

ham 10.03.2023