Docuss Saleth Freeman v. The Inspector Of Police

Crl.O.P.No.17463 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 29.05.2022 for the offences punishable under Sections 8(c), 22(c), 29(1) and 25 of Narcotic Drugs & Psychotropic Substances Act, 1985 in crime No.182 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that petitioner/A2 and A3 had indulged in the illegal sale of DOB Stamp Drugs at the Car Park Area in VR Mall. A3 was in possession of six numbers of 1.4 mg of DOB Stamp Drugs and also one REDMI phone and the petitioner was also in possession of six numbers of 1.4 mg of DOB Stamp Drugs and also one REDMI Phone. Thereafter upon investigation, it was found that A1 had sold the contraband to A2 and A3 and also A1 was in possession of 11 numbers of Ganja/HASH and that A1 had sold the Ganja/HASH DOB Stamp Drugs for monetary gain and was selling the contraband using his Honda City car. The respondent police has confiscated 500 grams of the contraband along with an electronic weighing machine and a cell phone from A1. Hence, the case.

3. There are totally three accused, in which the petitioner is arrayed

as A2. Even according to the case of the prosecution, A2 to A3 are retail sellers and they purchased the contraband from A1 and used to sell in the open market near VR Mall. On secret information, the petitioner along with A3 was arrested and was found in possession of 1.4 mg - 6 Nos. of DOB Stamp Drugs. On their confession, they also arrested A1 and he was in possession of HASH Drugs 500 gms, which is a commercial quantity. On perusal of the confession statement of the petitioner revealed that, she along with A3 used to purchase the drug from A1. Though, the petitioner was in possession of smaller quantity, she used to purchase the drug from A1 and sell to all general public. Therefore, she is the main person to distribute the drug to all general public. If the petitioner is released on bail, she will definitely indulge in similar kind of offence.

4. Therefore, this Court is not inclined to grant bail to the petitioner and this Criminal Original Petition is dismissed. 26.07.2022 mpl

G.K.ILANTHIRAIYAN, J.

mpl Crl.O.P.No.17463 of 2022 26.07.2022