Jadaba Beshra v. State Rep By

Crl.OP.No.13610 of 2023 Crl.O.P.No.13610 of 2023 G.CHANDRASEKHARAN.

J.

The petitioner namely Jadaba Beshra, who was arrested and remanded to judicial custody on 03.05.2023 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) NDPS Act in Crime No.287 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is falsely implicated in this case in Crime No. 287 of 2023 for the offences under Sections 8(c) r/w 20(b)(ii)(B) NDPS Act. Petitioner is in judicial custody from 03.05.2023. Petitioner is innocent. He further submitted that, co-accused has been released on bail by this Court in Crl.O.P.No.13515 of 2023 on 21.06.2023. Thus, he prays for grant of bail.

3. The learned Government Advocate (Crl. Side) opposes this petition, on the ground that, petitioner was found in possession of 1 kg of ganja on 03.05.2023 at about 11.30 p.m. Subsequently, on the basis of the confession statement of the co-accused, 7 kgs of ganja was recovered in a bush. There are two accused in this case. Petitioner has similar case pending against him in Crime No.229 of 2022 for the offences under Sections 8(c) r/w 20(b)(ii)(B) NDPS Act. He further submitted that, investigation in this case is not completed. Therefore, he prays for dismissal of this bail petition.

G.CHANDRASEKHARAN.

J.

https://www.mhc.tn.gov.in/judis

Crl.OP.No.13610 of 2023 gd

4. Considered the fact that, petitioner has similar case pending against him in Crime No.229 of 2022 for the offences under Sections 8(c) r/w 20(b)(ii)(B) NDPS Act and that petitioner and co-accused were found in illegal possession of 8 kgs of ganja and that investigation in this case is not completed, this Court is not inclined to release the petitioner on bail. Accordingly, this Criminal Original Petition is dismissed.

10.07.2023 gd Crl.O.P.No.13610 of 2023 https://www.mhc.tn.gov.in/judis