Rohith Manikandan v. State Rep. By Its

Crl.OP.No.19439 of 2022 Crl.O.P.No.19439 of 2022 G.K.ILANTHIRAIYAN, J.

This is the third bail petition filed by the petitioner, who was arrested and remanded to judicial custody on 06.03.2022 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 22 (a), 22(C) of NDPS Act 1985 in crime No.155 of 2022, on the file of the respondent police.

2. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of banned 2 Kgs of Ganja and 5 grams of Methamphetamine. Hence, the complaint.

3. Earlier, this Court dismissed the bail petitions filed by the petitioner in Crl.O.P.Nos.11558 & 16603 of 2022, on 13.06.2022 and 18.07.2022 respectively, considering the fact that the twin conditions as contemplated under Section 37 of NDPS Act are not satisfied before this Court. 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.

17.08.2022 mpl https://www.mhc.tn.gov.in/judis

Crl.OP.No.19439 of 2022 G.K.ILANTHIRAIYAN, J.

mpl Crl.O.P.No.19439 of 2022 17.08.2022 https://www.mhc.tn.gov.in/judis