Asman Nayak (A1) v. State Rep. By

Crl.O.P.No.12363 of 2024 T.V.THAMILSELVI, J.

The petitioners, who were arrested and remanded to judicial custody on 08.04.2024 in Crime No.162 of 2024, for the offences punishable under Sections 8(c), 20(b)(ii)(C), 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, seek bail.

2. Learned counsel appearing for the petitioners submitted that the petitioners are innocent person and they are falsely implicated in this case, as if they are found in illegal possession of contraband of ganja. He further submitted that the petitioner are suffering incarceration from 08.04.2024 and they are ready to abide any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioners.

3. The respondent has filed a detailed counter.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police raised objection for granting bail to the petitioners stating that the petitioners jointly was found to be in illegal possession of 22 kgs of ganja, which is a commercial quantity, further, during investigation, it reveals that the accused persons bought the above T.V.THAMILSELVI, J.

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

drl contrabands from Odisha State in order to sell it in Tamil Nadu for their personal gain. He further submitted that the petitioners have no previous case pending against them. He further submitted that the investigation is still pending. Therefore, at this stage, if the petitioners are released on bail, there is a possibilities of absconding and also the tampering of evidences and threaten the witnesses, and would create hardship to proceed the investigation of this case. Hence, he prayed for dismissal of the bail petition.

5. Taking into consideration the facts and circumstances of the case and the submission made by the learned counsel on either side and also considering the fact that the contraband seized from the petitioners, which is a commercial quantity, petitioner this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition stands dismissed.

25.06.2024 drl Crl.O.P.No.12363 of 2024 https://www.mhc.tn.gov.in/judis