Manoj v. State Rep By

Crl.O.P.No.8121 of 2024 T.V.THAMILSELVI, J.

The petitioners/ A1 & A2, who were arrested and remanded to judicial custody on 16.03.2023 in connection with Spl.CC.No.209 of 2023 in Crime No.45 of 2023, for the offences punishable under Sections 8(c) r/w 20(b)(ii)(A) of NPS Act, seeks bail.

2. Learned counsel appearing for the petitioners submitted that this is the second bail petition and the earlier bail petition was dismissed by this Court in Crl.OP.No.24422 of 2023 on 07.11.2023. He further submitted that the procedure under Section 50 of NDPS Act, was not followed, while conducting the search. He further submitted that the petitioner is in custody from 16.03.2023, and they are ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioners.

3. Learned Government Advocate (Crl.Side) submitted that the petitioners was found in illegal possession of 33 kgs of ganja, which is a commercial quantity. He further submitted that the petitioners are native T.V.THAMILSELVI, J.

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drl place of Karnataka. He further submitted that the entire contraband was seized from the petitioners by the respondent police. He further submitted that the investigation has been completed and the charge sheet has also been filed. Hence, he opposed for the grant of bail to the petitioners.

4. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) and also perused the materials available on record.

5. Considering the facts and circumstances of the case and the also taking note of the fact that the contraband seized is a commercial quantity, and there is no change of circumstances in this case, this Court is not inclined to grant bail to the petitioners. 24.06.2024 drl Crl.O.P.No.8121 of 2024 https://www.mhc.tn.gov.in/judis