Ayyanna v. State Rep By

Crl.OP.No.19742 of 2022 Crl.O.P.No.19742 of 2022 G.K.ILANTHIRAIYAN, J.

This is the second bail petition filed by the petitioner, who was arrested and remanded to judicial custody on 16.04.2022 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) of NDPS Act 1985 in crime No.292 of 2022, on the file of the respondent police.

2. The case of the prosecution is that on 16.04.2022 at about 14.30 hrs, the respondent police on secret information, went to CB Road Subway and arrested the petitioner as he was found in possession of 21 Kgs of ganja. Hence, the complaint.

3. Earlier, this Court dismissed the bail petition filed by the petitioner in Crl.O.P.No.15589 of 2022, on 07.07.2022, considering the fact that the petitioner failed to fulfil the twin conditions as contemplated under Section 37 of NDPS Act. That apart, the ground of non compliance of Section 50 of NDPS Act has to be considered only during the trial and not at the bail stage.

4. Taking into consideration of the facts and circumstances of the case, and that there is no change in circumstances of this case, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

22.08.2022 mpl https://www.mhc.tn.gov.in/judis

Crl.OP.No.19742 of 2022 G.K.ILANTHIRAIYAN, J.

mpl Crl.O.P.No.19742 of 2022 22.08.2022 https://www.mhc.tn.gov.in/judis