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Madras High CourtCRL OP/18083/2022dismissed

Vimal @ Psycho Vimal @ Vimalanathan v. The State Rep By Its,

2022-08-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.OP.No.18083 of 2022 Crl.O.P.No.18083 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 28.09.2020 for the offences punishable under Sections 8(c), 20(b)(ii)(c) Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.1499 of 2020, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were in possession of 21 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 28.09.2020. Hence, he prays for grant of bail to the petitioner.

4. The Additional Public Prosecutor appearing for the respondent would submit that the petitioner along with other accused were found in possession of 21 kgs of ganja and also submitted that there are 13 previous cases pending agasint the petitioner. Hence, he vehemently opposed to grant bail to the petitioner.

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

Crl.OP.No.18083 of 2022 G.K.ILANTHIRAIYAN, J.

Sma

5. Considering the bad antecedents of the petitioner ie., there are 13 previous cases pending against the petitione and also considering that the contraband seized from the accused (21kgs 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. However, the trial Court is directed to complete the trial within a period of three months from the date of receipt of copy of this order. 03.08.2022 Sma Crl.O.P.No.18083 of 2022 https://www.mhc.tn.gov.in/judis