Roselin v. The State Rep By Its,

Crl.O.P.No.10082 of 2023 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 31.12.2019 for the offences punishable under Sections 8(c) read with 20(b)(ii)(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act in crime No. 38 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were found in possession of 51 kgs of ganja. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that false case has been foisted as against the petitioner and she has not committed any offence as alleged by the prosecution. He further submitted that the petitioner was arrested and remanded to judicial custody on 31.12.2019. Hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner along with other accused were found in possession of 51 Kgs and it is commercial quantity. If the petitioner released on bail, he would tamper the witnesses and hamper the evidence. Hence, he vehemently opposed to grant bail to the petitioner.

5. It is seen that the petitioner along with other accused found in possession of alleged contraband and there are materials to attract the offence as against the petitioner herein. Therefore, the petitioner failed to satisfied the twin conditions under Section 37 of the NDPS Act. Taking consideration of the above facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petitions is dismissed. 04.05.2023 Sma

G.K.ILANTHIRAIYAN,J.

Sma Crl.O.P.No.10082 of 2023 04.05.2023