Pandian v. The State Rep By

Crl.O.P.No.16386 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 23.07.2021 for the offences punishable under Sections 8(c) read with 20(b) (ii) ( c) and Section 25, 29(1) of NDPS Act, 1985, in Crime No.1402 of 2021 seeks bail.

2. The case of the prosecution is that totally there are seven accused, in which, the petitioner is A7. It is alleged that the petitioner along with other accused were involved in possession of 120 kgs of Ganja. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is a load man and further A1 and A2 are the main accused and hence 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 person is a commercial quantity and the petitioner was also in concious possession of the said contraband. Hence, he 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. 19.07.2022 Sma

G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.16386 of 2022 19.07.2022