Araippal Senthil @ Senthilkumar v. Police Department

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 25, 29(1) of NDPS Act, 1985 in Crime No.54 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused were found to be in illegal possession of ganja in a polythene bag weighing 2kgs. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case based on the confession recorded from the arrested accused. He further submit that the petitioner has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner along with other accused were found in illegal possession of 2 kgs of ganja in polythene bag. He further submit that the petitioner is a habitual offender involved in offences of NDPS and as well as IPC. He further submit that the petitioner has got ten previous cases out of which, six cases are of similar offence registered under NDPS Act. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. 5.Heard the learned counsel on either sides and perused the entire materials available on record.

6.Taking into consideration the facts and circumstances of the case and also the fact that the petitioner is a habitual offender, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

02.06.2023 drl

A.D.JAGADISH CHANDIRA. J.

drl 02.06.2023