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Madras High CourtCRL OP/18974/2022dismissed

Pandi v. State Rep By

2022-08-11Honourable Mr Justice G.K. Ilanthiraiyan3 pages

Crl.O.P.No.18974 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 07.01.2022 for the offences punishable under Sections 8(c) read with Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act in Crime No.3 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were found in possession of 8.500 kgs of Cannabis. 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 07.01.2022. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the

respondent would submit that the petitioner is having 10 previous cases of similar in nature. That apart, already this Court dismissed the petitioner's bail petition in Crl.O.P.No.17033 of 2022 dated 21.07.2022. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the bad antecedents of the petitioner having 10 previous cases of similar in nature and also considering that the contraband seized from the accused (21 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. 11.08.2022 Sma G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.18974 of 2022 11.08.2022