Megala v. The Inspector Of Police

Crl.OP.No.17227 of 2022 Crl.O.P.No.17227 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 22.09.2021 for the offences punishable under Sections 8(c), 20(b)(ii)(C), 25, 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.28 of 2021, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were in possession of 110 kgs of Ganja. 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 22.09.2021. Hence, he prays for grant of bail to the petitioner.

4. The Additional Public Prosecutor appearing for the respondent would submit that the specific overt act against the petitioner is that the petitioner was in possession of 50 kgs of Ganjga. Hence, he opposed to grant bail to the petitioner.

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

Crl.OP.No.17227 of 2022 G.K.ILANTHIRAIYAN, J.

Sma

5. Considering the facts and circumstances of the case and also considering that the contraband seized from the accused (50kgs of ganja) 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 third 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. 25.07.2022 Sma Crl.O.P.No.17227 of 2022 https://www.mhc.tn.gov.in/judis