Sureshkumar v. The Inspector Of Police

Crl.O.P.No.9867 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 15.12.2023 in connection with Crime No.481 of 2023 registered for the alleged offences punishable Sections 8(c) r/w 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Act, 1985, seeks bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is in custody from 15.12.2023 and he is ready to abide by any stringent conditions that may be imposed by this Court, hence he prayed for grant of bail to the petitioner.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police raised objection for granting bail to the petitioner stating that the petitioner/accused was found to be in illegal possession of 31 kilograms of Ganja, which is a commercial quantity. He further submitted that the investigation in this case is still pending and the petitioner is having two previous cases including one NDPS Act case, therefore, if the accused is released on bail, he may abscond and not available for further investigation.

https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

4. The respondent has filed a detailed counter.

5. Taking into consideration the facts and circumstances of this case and the submissions made by the learned counsel on either side, and taking note of the fact that the contraband recovered from the petitioner is a commercial quantity and the petitioner has failed to satisfy the twin conditions required under Section 37 of the NDPS Act and further considering that the investigation is not yet completed, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition stands dismissed. 30.04.2024 ham Crl.O.P.No.9867 of 2024 https://www.mhc.tn.gov.in/judis