Vengatapathi Raju v. State Rep By

Crl.OP.No.18768 of 2022 Crl.O.P.No.18768 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 21.02.2022 for the offences punishable under Sections 8(c) read with Sections 20(b)(ii)(c) and 25 of NDPS Act, 1985 in Crime No.194 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 40 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 21.02.2022. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that already this Court dismissed the petitioner's bail petition in Crl.O.P.No.14262 of 2022 dated 24.06.2022. Hence, he vehemently opposed to grant bail to the petitioner. https://www.mhc.tn.gov.in/judis

Crl.OP.No.18768 of 2022 G.K.ILANTHIRAIYAN, J.

Sma

5. Considering the facts and circumstances of the case and also considering that the contraband seized from the accused (40 kgs of ganja) is a commercial quantity, that apart, the petitioner failed to fulfil the twin conditions as contemplated under Section 37 of NDPS Act and that apart, this is the second bail petition and there is no change in circumstances. Therefore, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal original petition is dismissed. 10.08.2022 Sma Crl.O.P.No.18768 of 2022 https://www.mhc.tn.gov.in/judis