Rohith Manikandan v. State Rep. By Its

Crl.O.P.No.16603 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 10.03.2022 at the hands of the respondent police for the offences punishable under Sections 8(c), 20 (b) (ii) (b) r/w 22 (a) of NDPS Act @ 8 (c), 20 (b) (ii) (b) r/w 22 (a) 22 (c) of NDPS Act, in Crime No.155 of 2022 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 illegal possession of banned 2 kg Ganja and 5 grams of Methamphetamine. Hence the complaint.

3. The learned Counsel for the petitioner submitted that false case has been foisted against the petitioner. That apart, he has been suffering incarceration from 10.03.2022. Hence, he prays for grant of bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that already this Court dismissed the petitioner's bail petition in Crl.O.P.No.11516 of 2022 dated 13.06.2022. However, he opposed for granting bail to the petitioner.

5. In this case, the twin conditions as contemplated under Section 37 of the NDPS Act are not satisfied before this Court. That apart, the ground of non compliance of Section 50 of the NDPS Act has to be considered only during the trial and not at the bail stage. That apart, this is the second bail petition and there is no change in circumstances. Therefore, this Court is not inclined to grant bail to the petitioners.

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Accordingly, these Criminal Original Petitions are dismissed. 18.07.2022 Sma 2/3

G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.16603 of 2022 18.07.2022 3/3