Umar Sahubar v. The State Rep By

Crl.O.P.No. 16806 of 2023 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 18.12.2022 for the offences punishable under Sections 8(c) read with 20(b)(ii)C of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.370 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 18.12.2022, based on the secret information, the respondent went to the place of occurrence and found that the petitioner was in illegal possession of 21.400 Kgs of Ganja. Hence, the complaint.

3. The learned counsel for the petitioner would submit that a false case has been foisted as against the petitioner and he has not committed any offence as alleged by the prosecution. He further submitted that co-accused was granted bail by this Court. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the petitioner was found in illegal possession of 21.400 Kgs of Ganja. It is a commercial quantity. He further submitted that since the second accused was

not found in possession of the contraband, he was implicated an accused only on the confession of the petitioner. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the above facts and circumstances of the case and the petitioner was also in possession of the contraband and as the twin conditions as contemplated under Section 37 of the NDPS Act are not satisfied before this Court, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. 26.07.2023 Lpp

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.16806 of 2023 09.06.2023