Sudharsan Puhan v. The State Rep By Its,

Crl.O.P.No.16706 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 15.03.2022 for the offences punishable under Sections 8(c) read with 20(b)(ii) ( c), 25 and 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.94 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were in possession of 3 bags of Ganja weighing about 70 kg. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case. That apart, the petitioner has been suffering incarceration from 15.03.2022. Hence, he prays for grant of bail to the petitioner.

4. The Additional Public Prosecutor appearing for the respondent would submit that already this Court dismissed the petitioner's bail petition in

Crl.O.P.No.13895 of 2022 dated 16.06.2022. He further submitted that there are totally two accused and the petitioner is arrayed as A2. The petitioner along with other accused were in possession of 70 kgs of Ganja and it is a commercial quantity. Hence, he opposed to grant 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 and further this is second bail petition and there is no change in circumstances. 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.16706 of 2022 19.07.2022