Viji v. State Rep. By

G.K.ILANTHIRAIYAN, J.

The petitioners, who were arrested and remanded to judicial custody on 19.11.2022 for the alleged offence under Section 8(c), 20(b)(ii)(C), 29(1) of NDPS Act in Crime No.330 of 2022 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 19.11.2022 based on the secret information, the respondent police conducted a search near Andhra to Chennai Ennoor Toll Plaza, they found that the petitioners along with other accused were in illegal possession of 34 kgs. of ganja and seized the same. Hence, the complaint.

3. The learned counsel for the petitioners submitted that there are totally two accused, in which the petitioners are arrayed as A1 and A2. He would further submit that a false case was foisted against them and they have not committed any offence as alleged by the prosecution. He would submit that investigation is almost completed and that the petitioners have

been suffering incarceration from 19.11.2022. Hence, he prayed to grant bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for respondent would submit that both the petitioners were found in possession of ganja weighing 34 kgs., which is a commercial quantity. Hence, he vehemently opposed to grant bail to the petitioner.

5. It is seen that there are two accused, in which the petitioners are arrayed as A1 and A2 and both were found in possession of 34 kgs. of ganja, which is a commercial quantity. Considering the facts and circumstances of the case and the submissions made by both counsel and also the fact that there are materials to attract the offence as against the petitioners and they have failed to satisfy the twin conditions as contemplated under Sec.37 of NDPS Act, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

04.05.2023 rpp

G.K.ILANTHIRAIYAN, J.

rpp 04.05.2023