R.Aravinthan v. Inspector Of Police

Crl.OP.Nos.18611 & 18521 of 2022 Crl.O.P.Nos.18611 & 18521 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioners in both Crl.O.P's, who were arrested and remanded to judicial custody on 26.06.2022 for the offences punishable under Sections 8(c) read with Section 22(c) and 29(1) of NDPS Act, 1985 in Crime No.121 of 2022, seeks bail.

2. The case of the prosecution is that the petitioners were found in possession of 23 Nos of MDMA tablets weighing about 11 grams. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners have been falsely implicated in this case. That apart, the petitioners have been suffering incarceration from 26.06.2022. Hence, he prays for grant of bail to the petitioners.

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

Crl.OP.Nos.18611 & 18521 of 2022 G.K.ILANTHIRAIYAN, J.

Sma

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the alleged contraband seized from the accused person is a commercial quantity. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the quantity of the contraband seized from the accused which is a commercial quantity, that apart, the petitioners 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 petitioners.

6. Accordingly, these criminal original petitions are dismissed. 16.08.2022 Sma Crl.O.P.Nos.18611 & 18521 of 2022 https://www.mhc.tn.gov.in/judis