Jahura Khatun v. State Rep.By

Crl.O.P.No.16928 of 2024 T.V.THAMILSELVI, J.

The petitioners, who were arrested and remanded to judicial custody on 16.05.2024, in Crime No.113 of 2024 on the file of the respondent police, registered for the alleged offence punishable under Section 8(c), 22(b), 25, 29(1) of the Narcotics Drugs and Psychotropic Substances Act, 1985, seek bail.

2. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that they were falsely implicated as if, the petitioners conspired with other accused in illegal possession of contraband Methamphetamine. He further submitted that the petitioners are suffering incarceration from 15.05.2024 and they are ready to abide any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioners.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally 6 accused in this case and the petitioners herein are A3 and A4. He further submitted that the petitioners along with other accused was found to be in illegal possession of 8.630 grams of Methamphetamine, which is a commercial quantity. He https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

drl further submitted that the contraband seized from the petitioners alone 8.630 mgs of contraband, which is a commercial quantity. During investigation, it was revealed that the accused persons brought the above contraband from the other state and selling the same for their personal gain and the petitioners are hail from Assam State. He further submitted that the investigation in this case is still pending. However, he vehemently opposed for the grant of bail to the petitioner.

4. Considering the grave nature of offence and also considering the facts and circumstances of the case and also taking note of the fact that the seized contraband is of commercial quantity and the petitioners have not satisfied the twin conditions under Section 37 of NDPS, and at this stage, if the petitioners are released on bail, the trial of the case will be stalled, therefore, this Court is not inclined to grant bail to the petitioners.

5. Accordingly, this Criminal Original Petition stands dismissed. 24.07.2024 drl Crl.O.P.No.16928 of 2024 https://www.mhc.tn.gov.in/judis