Mohammed Mudhasir v. State Rep By

Crl.O.P.No.18197 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 27.03.2022 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) and 22(b), 22(c) and 25(1)(a) of NDPS Act in Crime No.45 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner, along with other accused persons, was found in joint possession of 4 Air Guns, 2 Knifes, Pellets - 135 grams, Nitrozepom Tablets - 42 strips each containing 15 tablets, Ganja weighing 1.300 kgs and 11 bottles of Chaco Cough Syrup. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that there are totally four accused, in which the petitioner is arrayed as A4. He raised the ground that even according to the prosecution, on the confession statement of A1 to A3, the petitioner was implicated in this case, but sofar no seizure was made. Therefore, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that on the confession statement of A1 to A3, the respondent police found that the petitioner was in illegal possession of 960 tablets of Nitrozepom-600 grams and 1.300 kgs of ganja. Hence, he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration the above facts and circumstances of the case and the petitioner was also in possession of the contraband and as the twin conditions as contemplated under Section 37 of the NDPS Act are not satisfied before this Court, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 22.08.2022 Lpp

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.18197 of 2022 22.08.2022