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Madras High CourtCRL OP/14029/2024dismissed

Usha @ Banumathi v. The State Rep By

2024-06-20Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.TAMILSELVI, J., The petitioner, who was arrested and remanded to judicial custody on 08.06.2024 for the offences punishable under Sections 20(b)(ii)(B) r/w 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.355 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 18.02.2023, receiving a secret information, the respondent Police conducted a search, wherein they found that the petitioner was found to be in illegal possession of contraband substance of 1.210 kgs of Ganja. Hence the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that there are totally 4 accused in this case and that the petitioner is ranked as A1. He further submits that the petitioner was found to be in illegal possession of 1.210 kgs of Ganja and also she is having five previous cases of similar in nature against her. He also stated that all the accused were arrested. He further submits that the investigation in this case is almost completed and that if the petitioner is released on bail, she would tamper the witnesses. Hence, he vehemently opposed to grant bail to the petitioner.

6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

7. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and also the fact that the petitioner has five previous cases of similar in nature against her and on considering the gravity of the offence,

and also the total quantity of contraband involved in this case is huge, this Court is of the view that custodial interrogation of the petitioner is necessary, therefore, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Original Petition stands dismissed.

20.06.2024 ssi

T.V.TAMILSELVI, J.

ssi 20.06.2024