R.Subash v. State Rep By

Crl.O.P.No.15804 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 18.05.2022 for the offences punishable under Sections 8(C) r/w 22(C), 29(1) of NDPS Act, in crime No.307 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 18.05.2022, based on the secret information, the respondent went to the place of occurrence and found the accused persons with illegal possession of 15 Stamps totally weighing to 240 mg. Hence the complaint.

3. Totally there are accused, in which the petitioner is arrayed as A3.

4. The learned counsel appearing for the petitioner would submit that even according to the case of the prosecution, the petitioner was not in possession of the alleged contraband and it was recovered only from one Yuvaraj.

5. However, the petitioner is also a close friend of the said Yuvaraj and he was also in joint possession of the contraband each weighing 16 mg, totaling to 240 mg and it is a commercial quantity.

6. That apart, the petitioner failed to satisfied the twin conditions contemplated 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.

7. Accordingly, this Criminal Original Petitions is dismissed. 11.07.2022 mpl

G.K.ILANTHIRAIYAN, J.

mpl Crl.O.P.No.15804 of 2022 11.07.2022