B.Uma Maheshwari v. The Superintendent Of Customs

Crl.OP.No.16572 of 2022 Crl.O.P.No.16572 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 09.12.2021 at the hands of the respondent police for the offences punishable under Sections 9(A) r/w 23, 25(A), 28 and 29 of NDPS Act, in Crime No.1066 of 2021, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 99 grams of MDP2P (Methylenedioxyphenyl-2 propane) materials. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she is no way connected with the offence as alleged by the prosecution. Hence, he prays to grant bail to the petitioner.

4. The learned Special Public Prosecutor submits that the petitioner was found in possession of 99 grams of MDP2P (Methylenedioxyphenyl-2 propane) materials. Hence he vehemently opposed to grant bail to the petitioner.

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Crl.OP.No.16572 of 2022 G.K.ILANTHIRAIYAN, J.

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5. Taking into consideration the facts and circumstances of the case and the petitioner was in conscious possession of commercial quantity of the contraband and also the petitioner failed to fulfill the twin conditions as contemplated under Section 37 of the NDPS Act, 1985, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 18.07.2022 mn Crl.O.P.No.16572 of 2022 https://www.mhc.tn.gov.in/judis