Gopinath Singh v. State Rep By

G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 11.04.2022 at the hands of the respondent police for the offences punishable under Sections 8(c) r/w 22(b) and 29(1) of NDPS Act, in Crime No.283 of 2022, seeks bail.

2. Heard both sides.

3. The case of the prosecution is that the petitioner was in illegal possession of drug tablets i.e. Tydol 100 mg (40 tablet), 10.4g, Spasmoproxyvon Plus (320 tablets) 198.4 g (totally 208.8 gm) starile water bottle 500MI-3, disposable syringe-30, disposable needles-40, which were seized. Hence, the complaint.

4. It is seen from the records that this is the second bail petition filed by the petitioner. The earlier petition filed by the petitioner in Crl.O.P.No.13782 of 2022 was dismissed on 15.06.2022. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and he is ready and willing to abide by any stringent condition that may be imposed on him. He would further submit that the quantity of contraband is coming under the non commercial quantity and it

is intermediate quantity and hence restrictions in Section 37 of NDPS Act do not apply. Hence, he prays for grant of bail to the petitioner.

5. The learned Additional Public Prosecutor submitted that the petitioner was in illegal possession of drug tablets i.e. Tydol 100 mg (40 tablet), 10.4g, Spasmoproxyvon Plus (320 tablets) 198.4 g (totally 208.8 gm) starile water bottle 500MI-3, disposable syringe-30, disposable needles-40 and they were seized. He would further submit that the contraband which was seized is a commercial quantity. He would also submit there is no change of circumstances after the previous order was passed on merits. Hence, he vehemently opposed to grant bail to the petitioner.

6. Taking into consideration the bad antecedents of the petitioner, this Court had dismissed the earlier petition filed by the petitioner and that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 22.07.2022 mn G.K.ILANTHIRAIYAN, J.

mn 22.07.2022