Sarif Chowdhury v. The State Rep By Its,

Crl.O.P.No.16074 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 30.03.2021 for the offences punishable under Sections 8(c), 20(b)(ii)(C) and 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985 pending trial in C.C.No.197 of 2021 on the file of II Additional District Sessions Judge under NDPS Act, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were involved in illegal possession of 140 kgs of ganja. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

4. The Additional Public Prosecutor appearing for the respondent would submit that the contrabands which were seized from the accused is a

commercial quantity and the petitioner were in concious possession of the said contraband. He further submitted that the investigation in this case has been completed and the final report has been filed and the same was taken on file in C.C.No.197 of 2021. However, opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering that the contraband seized from the accused is a commercial quantity. That apart, the petitioner failed to fulfil the twin conditions as contemplated under Section 37 of NDPS Act. Therefore, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal original petition is dismissed. 12.07.2022 Sma

G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.16074 of 2022 12.07.2022