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Madras High CourtCRL OP/16001/2023dismissed

Yuvaraj v. The Inspector Of Police

2023-07-24Honourable Mr Justice A.A.Nakkiran2 pages

1 Crl. O.P.No.16001 of 2023 Crl. O.P.No.16001 of 2023 A.A. NAKKIRAN, J.

The petitioner herein who was arrested and remanded to Judicial custody on 18.05.2022 by the respondent police for the alleged offence under Sections 8 (c ) read with 22 (c ) and 29 (1) of NDPS Act in Cr. No.307 of 2022, seeks bail.

2. The case of the prosecution is that on receiving the specific information, the respondent police intercepted the petitioner and another namely Subash and from their custody, they recovered 15 numbers of LSD Stamp (240 mg) and arrested the accused. Thereafter, the respondent police has registered a case in Cr.No.307 of 2022 for the abovesaid offences. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is in no way connected with the alleged offences. He would also submit that the petitioner has been falsely implicated in this case and he will abide by any condition imposed by this court. He would also submit that the petitioner has been suffering incarceration from 18.05.2022 and this is the second bail application filed by the petitioner. Hence, he prayed to grant bail to the petitioner. https://www.mhc.tn.gov.in/judis

2 Crl. O.P.No.16001 of 2023 A.A. NAKKIRAN, J.

gv

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that there was seizure of the said contraband from the unlawful possession of the accused and if he is released on bail, he will abscond and commit similar offences. He would further submit that the petitioner was in possession of 15 LSD Stamp (240 mg), which is a commercial quantity and that the charge sheet has also been filed. Hence, he would vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstance of the case and taking into consideration the submissions made by the learned Government Advocate (Crl Side) appearing for the respondent and the seized contraband is a commercial quantity, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. gv 24.07.2023 Crl. O.P.No.16001 of 2023 https://www.mhc.tn.gov.in/judis