Balamurugan v. The Inspector Of Police

Crl.OP.No.19571 of 2022 Crl.O.P.No.19571 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 04.05.2022 for the offences punishable under Sections 8(c) and 20(b)(ii)(c) Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.487 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were found in possession of 45 kgs of ganja.

3. The learned counsel for the petitioner would submit that, the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submitted that the alleged contraband seized from the accused is a commercial quantity. Hence, he vehemently opposed for grant of bail to the petitioner. https://www.mhc.tn.gov.in/judis

Crl.OP.No.19571 of 2022 G.K.ILANTHIRAIYAN,J.

Sma

5. Considering the facts and circumstances of the case, in which, the petitioner along with other accused were found in possession of 45 kgs of ganja, which is a commercial quantity, that apart, the petitioner 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 petitioner.

6. Accordingly, this criminal original petition is dismissed. 23.08.2022 Sma Crl.O.P.No.19571 of 2022 https://www.mhc.tn.gov.in/judis