Har Dev Ram v. The State Rep By

Crl.O.P.No.14986 of 2024 T.V.THAMILSELVI, J.

The petitioner/A3, who was arrested and remanded to judicial custody on 08.05.2024 in Crime No.127 of 2024, registered for the alleged offences punishable under Section 8(c), 18(c) and 29(1) of NDPS Act, 1985 seeks bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that based on the confession of the arrested accused/A1, this petitioner was falsely implicated in this case. He further submitted that the petitioner is suffering incarceration from 08.05.2024 and he is ready to abide any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner along with other accused was found to be in illegal possession of 3.500 kgs opium, which is a commercial quantity. He further submitted that 3 kgs of opium was recovered from the petitioner/A3, herein and based on the confession statement of arrested accused/A1, the respondent police went to the https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

drl accused's home where, they arrested A2 and A3 and also recovered Rs.1,00,000/- from A1's house and further, the accused persons purchased the contraband from Rajasthan and tried to sell it to the public and students in Tamilnadu for their personal gain. He further submitted that the investigation is still pending. However, he opposed for the grant of bail to the petitioner.

4. Considering the grave nature of offence and also considering the facts and circumstances of the case and also taking note of the fact that the contraband seized is a commercial quantity and hence, Section 37 of NDPS Act attracts and the investigation is still pending, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition stands dismissed.

03.07.2024 drl Crl.O.P.No.14986 of 2024 https://www.mhc.tn.gov.in/judis