Kishore Kumar v. The Inspector Of Police

Crl.O.P.No.23347 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 17.03.2022 for the offences punishable under Sections 8(c), 22(a), 22(c), 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 465, 468 and 472 of the Indian Penal Code 1890 in Crime No.81 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that there are totally 7 accused in which the petitioner is arrayed as A4. The first accused is the seller of the entire contraband and A2 is the supplier. A6 is the main person who placed order before the second accused and supplied it to all. The petitioner was found in illegal possession of Nitravet 10 mg - 4770 tablets, Alpersafe Tablets - 130 tablets, Unwanted kit - 145 tablets and TYDOL - 2320 tablets. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the alleged offence. He would further submit that he is ready to abide any stringent conditions that may be imposed on him. That apart, the petitioner has been suffering incarceration from 17.03.2022. 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 totally seven accused in which the petitioner is arrayed as A4. The petitioner was found in illegal possession of contraband which is a commercial quantity and further the petitioner was also in conscious and constructive possession. He would also submit that this Court had dismissed the earlier bail petition filed by the petitioner in Crl.O.P.No.11499 of 2022 dated 07.06.2022. 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 this Court had already dismissed the earlier bail petition filed by the petitioner and that there is no change of circumstances. Hence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 29.09.2022 Lpp

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.23347 of 2022 29.09.2022