Karuppu Udhaya @ Udhayakumar v. Inspector Of Police

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), 29(1) of NDPS Act, in Crime No.530 of 2023, on the file of the respondent police, seeks bail.

2. Totally there are three accused and the petitioner herein is arrayed as A1. The case of the prosecution is that on receiving a secret information, 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 2.300 kgs of ganja. The respondent has seized the contraband from the accused persons and registered a case against them. Hence the complaint.

3. Learned counsel for the petitioner submitted that the seized contraband of 2.300 kgs of ganja by the respondent police which is an

intermediate quantity. He further submits that based on confession of A2 and A3, he is no way connected with the case. He further submits that the contraband was recovered from this petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) submitted that the petitioner along with other accused were involved in illegal possession of 2.300 kgs ganja, which is a commercial quantity. and the same was seized by the respondent police. He further submits that the petitioner has 30 previous cases pending against him including NDPS cases and IPC cases and he is a history sheeter. Hence, he vehemently opposed to grant anticipatory 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, the submissions made by the learned Government Advocate (Crl.Side) and taking note of the gravity and nature of the offence, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed.

10.04.2024 drl

T.V.THAMILSELVI, J.

drl 10.04.2024