Alice Adhiambo Otiende v. Union Rep. By The Superintendent Of Customs

CRL OP NO.17909 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP NO.17909 of 2025 Alice Adhiambo Otiende Petitioner(s) Vs The State Represented by The Superintendent of Customs, Prosecution Unit-Airport, New Customs House, Meenambakkam, Chennai - 600 027.

R.R.No.01.2025 Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in R.R.No.01 of 2025 on the file of the respondent.

For Petitioner(s):

Mr.M.G.Martin Manivannan For Respondent(s):

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 12.12.2024 at the hands of the respondent police for the offences punishable under Sections 8 (c) r/w 22 (c), 23

(c) and 28 of NDPS Act, 1985 in R.R.No.01 of 2025 seeks bail. 2.The case of the prosecution is that the petitioner was found in illegal possession of 1424 grams of Cocaine. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the offence as alleged by the prosecution. Hence, he prays for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor submitted that the petitioner was found in possession of 1424 grams of Cocaine and it is a commercial quantity. Therefore, the petitioner failed to fulfill the twin conditions as contemplated under Section 37 of the NDPS Act, 1985. Hence, this Court is not inclined to grant bail to the petitioner. 5.Accordingly, this Criminal Original Petition is dismissed. 23-06-2025 ep To The Superintendent of Customs,

Prosecution Unit-Airport, New Customs House, Meenambakkam, Chennai - 600 027.

CRL OP NO.17909 of 2025