Nakkabanu Prakash v. State Rep By

Crl.OP.No.20935 of 2022 Crl.OP.No.20935 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 18.08.2020 at the hands of the respondent police for the offences punishable under Sections 8 (c) r/w 20 (b) (ii) (C), 25 and 29(1) of NDPS Act, 1985 in Crime No.32 of 2021, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were found in possession of 451 Kgs of Ganja illegally. Hence, a case was registered as against the petitioner.

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 along with other accused persons were found in possession of 451 Kgs of Ganja illegally 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. 02.09.2022 mn https://www.mhc.tn.gov.in/judis

Crl.OP.No.20935 of 2022 G.K.ILANTHIRAIYAN, J.

mn Crl.OP.No.20935 of 2022 02.09.2022 https://www.mhc.tn.gov.in/judis