Sheik Nasir Hussain v. State Of Tamil Nadu Rep.By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 05.12.2023, in Crime No.442 of 2023 on the file of the respondent police, registered for the alleged offence punishable under Sections 8(c), r/w 20(b)(ii)(C), 25, 29(1) of NDPS Act, 1985 (as amended) and Section 120B of the IPC, 1860 (as amended), seeks bail.

2. Learned counsel appearing for the petitioner submitted that this is the second petition and the earlier petition was dismissed by this Court in Crl.OP.No.13778 of 2024 dated 25.06.2024. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case, as if the petitioner along with other accused was found in possession of 120 kgs of ganja. He further submitted that the petitioner is in no way connected with the alleged offence as alleged by the prosecution. He further submitted that the petitioner is suffering incarceration from 05.12.2023 and he is ready to abide any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner. Page No.1/4

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner along with other accused was found to be in illegal possession of 120 kgs of ganja, which is a commercial quantity. He further submitted that the petitioner has four previous cases, which are all similar in nature. He further submitted that A1 and A3 were released on statutory bail. The petitioner not yet engaged the counsel before the trial Court. However, he vehemently opposed for the grant of bail to the petitioner.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

5. Taking into consideration the quantity of the contraband seized from the petitioner is a commericial quantity, and it needs detailed investigation, and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

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6. Accordingly, this Criminal Original Petition stands dismissed. However, the petitioner is directed to engage the counsel before the lower Court, if not, through the Legal service authority is directed to proceed with the matter.

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T.V.THAMILSELVI, J.

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