S.Prakash v. State By

Crl.OP.No.20769 of 2022 Crl.O.P.No.20769 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 04.07.2022 for the offences punishable under Sections 8(c) read with Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act in Crime No.228 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 2kgs of Ganja. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case. That apart, the petitioner has been suffering incarceration from 04.07.2022. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that, there are 13 previous cases pending against the petitioner. Hence, he vehemently opposed to grant bail to the petitioner. https://www.mhc.tn.gov.in/judis

Crl.OP.No.20769 of 2022 G.K.ILANTHIRAIYAN, J.

Sma

5. Considering the bad antecedents of the petitioner having thirteen previous cases similar in nature and also considering the quantity of the contraband seized from the accused 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.

6. Accordingly, this criminal original petition is dismissed. 01.09.2022 Sma Crl.O.P.No.20769 of 2022 https://www.mhc.tn.gov.in/judis