A.Gubendran v. Union Of India

Crl.OP.No.18242 of 2022 Crl.O.P.No.18242 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 07.12.2021 for the offences punishable under Sections 8(c) read with Section 20(b)(ii)(C), 28, 29 of the Narcotics Drugs and Psychotropic Substances, 1985 in R.R No.4 of 2021, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 642.100 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 07.12.2021. Hence, he prays for grant of bail to the petitioner.

4. The learned Special Public Prosecutor appearing for the respondent would submit the petitioner was found in possession of 642.100 kgs of ganja. Hence, he vehemently opposed to grant bail to the petitioner. https://www.mhc.tn.gov.in/judis

Crl.OP.No.18242 of 2022 G.K.ILANTHIRAIYAN, J.

Sma

5. Considering the quantity of the contraband seized from the accused which 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.18242 of 2022 https://www.mhc.tn.gov.in/judis