Elangovan v. State Rep By Inspector Of Police

Crl.O.P.No.19990 of 2024 T.V.THAMILSELVI , J.

This Criminal Original Petition has been filed by the petitioner/A3, who was arrested and remanded to judicial custody on 26.03.2024, seeking bail in Crime No.29 of 2024, registered under Sections 8(c) r/w 20(b)(ii)(B), 25, 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985.

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.16291 of 2024 dated 12.07.2024. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case, only based on the confession recorded from the other accused. He further submitted that the petitioner, who has nothing to do with the alleged offence, has been suffering incarceration from 26.03.2024 and he is also ready to abide by any stringent conditions that may be imposed by this Court. Hence, he sought for bail.

3. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that, the petitioner/A3 along with three other accused was found to be in illegal possession of 68 kilograms of Ganja, which is a commercial quantity. He further submitted that since the alleged contraband is a commercial quantity, the petitioner has to satisfy the twin conditions required under Section 37 of NDPS Act, whereas, the petitioner has failed to satisfy the same, therefore, he is not entitled for bail. He also submitted that the investigation was completed and lab report was https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI , J.

rri obtained. He further submitted that there is a possibility of him absconding and not available for further investigation. Hence, he objected for granting bail.

4. The respondent has filed a counter before this Court.

5. Taking into consideration the facts and circumstances of the case, and submissions made by the learned Government Advocate (Crl.Side) and the gravity of the offence committed by the petitioner, and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. 29.08.2024 rri Crl.O.P.No.19990 of 2024 https://www.mhc.tn.gov.in/judis