Shabeer v. The State Rep By

T.V.TAMILSELVI, J., The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 8(c) r/w 20(b)(ii)(B) and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.764 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 20.05.2024, receiving a secret information, the respondent Police conducted a search, wherein they found that the petitioner and other accused were found to be in illegal possession of contraband substance of 1.250 kgs of Ganja. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and only based on the confession statement of co-accused, the petitioner has been implicated in this case.

He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The respondent has filed a detailed Counter.

5. The learned Government Advocate (Crl.Side) appearing for the respondent submits that there are totally 9 accused in this case and that the petitioner is ranked as A9. He further submits that the petitioner along with other accused were found to be in illegal possession of 1.250 kgs of Ganja. He would further submit that the petitioner is having four previous cases registered against him out of which, one case of similar nature. He also stated that investigation in this case is almost completed and that if the petitioner is released on anticipatory bail, he would tamper the witnesses. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and also the fact that the petitioner is having four previous cases registered against him and on considering the gravity of the offence, and also the total quantity of contraband involved in this case is very huge, this Court is of the view that custodial interrogation of the petitioner is necessary, therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed.

25.07.2024 ssi

T.V.TAMILSELVI, J., ssi 25.07.2024