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Madras High CourtCRL OP/6111/2024dismissed

Dhanalakshmi v. The Superintendent Of Customs

2024-04-12Honourable Mrs.Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI, J.

The petitioner who is an accused in C.C.No.223 of 2022 on the file of the Principal Special Court (EC & NDPS Act cases), Chennai seeks bail. The petitioner was arrested and remanded to judicial custody on 10.12.2021.

2.The case of the prosecution is that the petitioner was found in illegal possession and concealment of 99 grams of Methamphetamine hydrochloride in her rectum. Hence the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and she is no way connected with the alleged offence. He would further submit that the petitioner is prepared to abide by any stringent condition that may be imposed by this Court and she is in judicial custody for more than 553 days. Therefore, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (crl.side) appearing for the respondent Police would submit that the petitioner was found in illegal possession and concealment of 99 grams of Methamphetamine

hydrochloride in her rectum. He would further submit that the investigation has been completed and final report had been filed and the same has been taken cognizance as C.C.No.223 of 2022 by the learned Principal Special Judge (EC & NDPS Act cases), Chennai. He would also submit that the seized contraband is commercial quantity and the petitioner has not satisfied the conditions under Section 37 of NDPS Act. Hence, he opposed for grant of bail to the petitioner. 5.Taking into consideration the facts and circumstances of the case and also taking note of the quantity of the contraband which is a commercial quantity and that the petitioner has not satisfied the conditions under Section 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition stands dismissed.

12.04.2024 vkr

T.V.THAMILSELVI, J.

vkr 12.04.2024