Sarojkumar Bardhan (A1) v. The State Rep By

Crl.O.P.No.17823 of 2024 T.V.THAMILSELVI , J.

This Criminal Original Petition has been filed by the petitioner/A1, who was arrested and remanded to judicial custody on 17.01.2024, seeking bail in Crime No.12 of 2024 for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(C) & 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner, who is no way connected with the alleged offence, has been suffering incarceration from 17.01.2024. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he sought for bail.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police raised objection for granting bail to the petitioner/A1 stating that, the petitioner/A1 along with two other accused were found to be in illegal possession of 53.500 kilograms of Ganja, which is a commercial quantity. He also submitted that the investigation in this case is still pending and further, the petitioner hails from the state of Odisha, therefore, if he is released on bail, there is every possibility of him absconding and not available for further investigation. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI , J.

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5. Taking into consideration the facts and circumstances of the case, submissions made by the learned Government Advocate (Crl.Side) and considering the fact that the seized contraband is a commercial quantity and the petitioner has failed to satisfy the twin conditions required under Section 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. 26.07.2024 ham Crl.O.P.No.17823 of 2024 https://www.mhc.tn.gov.in/judis