Siva @ Sanpak v. The State Rep By

Crl.O.P.No.15873 of 2024 T.V.THAMILSELVI, J.

The petitioners/A1 & A3, who were arrested and remanded to judicial custody on 19.05.2024 in Crime No.23 of 2024, registered for the alleged offence punishable under Section 8(c) r/w 20(b)(ii)(C), 25, 29(1) of NDPS Act, 1985 seeks bail.

2. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are suffering incarceration from 19.05.2024 and they are ready to abide any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioners.

3. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioners along with other accused was found to be in illegal possession of 106.400 kgs of ganga, which is a commercial quantity. He further submitted that all the accused are still in prison. He further submitted that during confession statement, the accused person stated that they brought the contraband from Andhra Pradesh and selling it them for their personal gain. He further submitted https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

drl that the investigation is still pending. However, he opposed for the grant of bail to the petitioners.

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 petitioners.

5. Accordingly, this Criminal Original Petition stands dismissed.

05.07.2024 drl Crl.O.P.No.15873 of 2024 https://www.mhc.tn.gov.in/judis