Majaharul Islam v. State Rep.By

Crl.O.P.No.12766 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 05.04.2024 in Crime No.247 of 2024, for the offences punishable under Sections 8(c) & 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances 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, as if he was found in illegal possession of 11 kgs of ganja. He further submitted that the petitioner is suffering incarceration from 05.04.2024 and he is ready to abide any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

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 petitioner stating that the petitioner was found to be in illegal possession of 11 kgs of ganja, which is a commercial quantity, further, during investigation, it reveals that the accused persons purchased the above contraband from Kerala State in order to sell it for their personal gain. He further submitted that the petitioner has no previous case pending against him. https://www.mhc.tn.gov.in/judis

He further submitted that the investigation is still pending. Therefore, at this stage, if the petitioner is 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 petitioner, which is a commercial quantity, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed.

25.06.2024 drl Crl.O.P.No.12766 of 2024 https://www.mhc.tn.gov.in/judis