Lokeshwaran v. The State Rep By Its,

Crl.O.P.No.21537 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 12.04.2022 for the offences punishable under Sections 8(c), 20(b)(ii)(B), 22(b), 22(c), 25 and 29(1) of NDPS Act in Crime No.76 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were in possession of LSD Stamps - 25 Nos., MMDA Tablets - 26 Nos., Meth Crystal -1 gram, YABA Tablets - 1590 Nos, Ganja - 2 1/2 kgs. 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 12.04.2022. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that totally there are 12 accused and the petitioner

is arrayed as A12 and the contraband involved in this case are LSD Stamps - 25 Nos., MMDA Tablets - 26 Nos., Meth Crystal -1 gram, YABA Tablets - 1590 Nos, Ganja - 2 1/2 kgs. He further submitted that already this Court dismissed the petitioner's bail petitions in Crl.O.P.Nos.10908 & 18139 of 2022 dated 07.06.2022 & 03.08.2022 respectively. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the quantity of the contraband seized from the accused which is a commercial quantity and also considering that this is the third bail petition and there is no change in circumstances, 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. 08.09.2022 mpl

G.K.ILANTHIRAIYAN, J.

mpl Crl.O.P.No.21537 of 2022 08.09.2022