M.Giri @ Giridharana v. The Inspector Of Police

Crl.O.P.No.19514 of 2022 Crl.O.P.No.19514 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 21.04.2022 for the offences punishable under Sections 147, 148, 341, 323, 324, 307 of IPC and subsequently altered to Sections 147, 148, 341, 323, 324, 307 of IPC and Section 8(c), 22(c), 29(1) of NDPS Act, 1985 in Crime No.310 of 2022, seeks bail.

2. It is seen that there are totally 10 accused in this case and the petitioner is arrayed as A10. On the date of occurrence, there was a wordy quarrel between the two groups in a cinema theatre, in which, the petitioner along with other accused attacked the defacto complainant with deadly weapons. The respondent police went to the place of occurrence and thereby seized brandy bottles, knives along with 25 tablets of MDMA Ectasy (13.5 grams). Hence, the case.

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Crl.O.P.No.19514 of 2022 G.K.ILANTHIRAIYAN, J.

Sma

3. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the alleged contraband seized from the accused person is a commercial quantity. Hence, he vehemently opposed for grant of bail to the petitioner.

4. Considering the quantity of the contraband seized from the accused 25 tablets of MDMA Ectasy (13.5 grams), which is a commercial quantity, that apart, the petitioner failed to fulfil the twin conditions as contemplated under Section 37 of NDPS Act. Therefore, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, these criminal original petition is dismissed. 22.08.2022 Sma Crl.O.P.No.19514 of 2022 https://www.mhc.tn.gov.in/judis