Jaya @ Jayanila v. The State Rep By Its,

Crl.OP.No.18086 of 2022 Crl.O.P.No.18086 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 18.07.2019 for the offences punishable under Sections 8(c) read with Sections 20(b)(ii)(c) and 29(1) of NDPS Act in Crime No.188 of 2019, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were in possession of 101 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 18.07.2019. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner along with other accused were found in possession of 101 kgs of ganja. Hence, he vehemently opposed to grant bail to the petitioner.

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

Crl.OP.No.18086 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 (101 kgs of ganja) is a commercial quantity, that apart, the petitioner failed to fulfil the twin conditions as contemplated under Section 37 of NDPS Act. Therefore, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal original petition is dismissed. 03.08.2022 Sma Crl.O.P.No.18086 of 2022 https://www.mhc.tn.gov.in/judis