Uzoique Joseph @ Emmanuel v. Union Of India

P.DHANABAL,J.

This Criminal Original Petition has been filed by the petitioner/A2, who was arrested and remanded to judicial custody on 15.05.2023, seeking bail in C.C.No.146 of 2024 on the file of II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai in R.R.No.15 of 2023 registered for the offence under Sections 8(c) r/w 21(c),23(c),28 and 29 of NDPS Act on he file of the respondent police. 2.The case of the prosecution is that the petitioner along with other accused were in possession of 1.530 kgs of cocaine which is a commercial quantity. Hence the complaint.

3. The learned counsel for the petitioner would contend that the petitioner is an innocent and a false case has been foisted against him. He would further submit that the petitioner is no way connected with the said occurrence.

4.The learned Government Advocate (Crl.Side) appearing for the 1/3

respondent police would contend that that the petitioner along with other accused were in possession of were in possession of 1.530 kgs of cocaine. He would further submit that the investigation was completed and the charge sheet has also been filed. However, he opposed to grant bail to the petitioner.

5.Heard both side and perused the materials available on record.

6. 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 nature of offence and the quantity involved is a commercial quantity and though investigation was completed and the charge sheet has also been filed, the conditions u/s 37 of NDPS Act have not been complied, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition stands dismissed.

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