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Madras High CourtCRL OP/18644/2024dismissed

M.Neelakandan v. State Represented By

2024-08-22Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J., The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(c) r/w.20(b)(ii)(B), 25, 29(1) of NDPS Act in Crime No.46 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 13.06.2024, based on the secrete information, the respondent police conducted routine check up near arasamaram Ambal Lake, Thathagappatty gate, at that time the respondent found illegal possession of Ganja weighing 13.200kgs from the accused persons. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that A1 and A2 were arrested, based on their confession statement only this petitioner was arrayed as accused. This petitioner is no way connected to the case, he is falsely implicated in the case. This petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent raised objection stating that 13.06.2024, based on the secrete information, the respondent police conducted routine check up near arasamaram Ambal Lake, Thathagappatty gate, at that time the respondent found illegal possession of Ganja weighing 13.200kgs from the accused persons. The alleged contraband was recovered from the 2nd accused. The total quantity of contraband involved in this case is 13.200Kgs. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and also the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6. Considering the facts and circumstances of the case and the submissions made by the counsels and on considering the fact that the amount contraband involved in this case is commercial quantity and the investigation is at preliminary stage and it necessitates a detailed investigation. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 22.08.2024 gvn

T.V.THAMILSELVI, J., gvn 22.08.2024