Musharaf @ Muhammed Aslam v. State Rep By
G.K.ILANTHIRAIYAN, J.
The petitioner, who was arrested and remanded to judicial custody on 30.07.2021 at the hands of the respondent police for the alleged offences punishable under Sections 8 (c) r/w 20 (b) (ii) (B), 22(c), 25, 29(1) of the NDPS Act in Crime No.2362 of 2021, seeks bail.
2. The case of the prosecution is that on 28.07.2021 near Moolakothalam Burial Ground, the respondent found the first accused was in possession of 900 Nitravet 10 mg tablets ; on his confession statement, the respondent seized 1200 Nitravet Tablets and 30 Tydol Tablets and 19 Strips of OCB Slim Unbleached Virgin Paper from the petitioner. Hence, the petitioner was arrested and remanded to judicial custody on 30.07.2021.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and and he is ready and willing to abide by any stringent conditions that may be imposed on him. Hence, he prays grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor would submit that there are totally five accused involved in this case. The petitioner is arrayed as A2. All the accused persons were joint conscious possession of contraband and the respondent police seized 1200 Nitravet Tablets, 30 Tydol Tablets and 19 Strips of OCB Slim Unbleached Virgin Paper from the petitioner, which are commercial quantity. He would further submit that earlier, this Court had dismissed the bail petition filed by the petitioner in Crl.O.P.No.15330 of 2022 on 04.07.2022. Hence, he vehemently opposed to grant bail to the petitioner.
5. Considering the nature of offence committed by the petitioner and taking note of the fact that the petitioner was also in conscious possession of the contraband and this Court had dismissed the earlier bail petition filed by the petitioner and there is no change of circumstances. Therefore, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. 22.09.2022 Lpp
G.K.ILANTHIRAIYAN, J.
Lpp 22.09.2022