M.Karuppasamy v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 07.12.2023, in Crime No.845 of 2023 on the file of the respondent police, registered for the alleged offence punishable under Sections 8(c), r/w 22(b)(ii)(B) and 25 of NDPS Act, 1985, 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.9950 of 2024 dated 12.06.2024. 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 54 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 07.12.2023 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.

3. The learned Government Advocate (Crl.Side) appearing for Page No.1/4

the respondent police submitted that the petitioner along with other accused was found to be in illegal possession of 54 kgs of ganja, which is a commercial quantity. He further submitted that based on the confession of statement A1 went to Andrapradesh purchased the contraband and gave to A2 and selling in the local area for their personal gain. He also submitted that the Forensic Science Lab report was received vide NAR No.121/2024 dated 01.04.2024. He further submitted that charge sheet has been filed before the Special Court for EC & NDPS Act cases, Coimbatore, vide C.C.No.18 of 2024, dated 06.06.2024 and the case is posted for examination of T.LW1 on 30.08.2024. 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 commercial quantity, and it needs detailed investigation, and there is no change in circumstances, this Court is not Page No.2/4

inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. 29.08.2024 rri T.V.THAMILSELVI, J.

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