Parthiban v. State Rep By Its Inspector Of Police

Crl.O.P.No.15737 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest for the offences punishable under Sections 8(c), 20(b)(ii)(B) & 29(1) of NDPS Act, 1985 in crime No. 122 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 26.06.2022, the petitioner and 3 others were found in possession of 4 kgs of Ganja without any valid license for the purpose of selling at high price. The petitioner and another accused escaped from the scene of occurrence. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that petitioner is an innocent person and he had been implicated in this case based on the confession statement given by A1. Hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner and other accused persons were found in possession of 4 Kgs of ganja and it is commercial quantity. He further submitted that there are 4 previous cases pending against the petitioner. Hence, he vehemently opposed

to grant anticipatory bail to the petitioner.

5. It is seen that the petitioner was 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 anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 07.07.2022 mpl

G.K.ILANTHIRAIYAN, J.

mpl Crl.O.P.No.15737 of 2022 07.06.2022