Masiga @ Mashiha v. State Rep By Its
Crl.O.P.No.19820 of 2024 T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 19.03.2024, in Crime No.112 of 2024 on the file of the respondent police, registered for the alleged offence punishable under Sections 8(c), r/w Section 22(c) & 29(1) of NDPS Act, 1985 seeks bail.
2. Learned counsel appearing for the petitioner submitted that this is the third bail petition and the earlier petition was dismissed by this Court in Crl.OP.No.12441 of 2024 dated 13.06.2024 and Crl.O.P.No.16934 of 2024 dated 24.07.2024. He further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is suffering incarceration from 19.03.2024 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 the respondent police submitted that there are totally 9 accused in this case and the petitioner herein is arrayed as A1. He further submitted that the petitioner along with other accused were found to be in illegal possession of 1920 tablets of Nitravet - 10 mg, weighs about 1056 grams, which is a https://www.mhc.tn.gov.in/judis
commercial quantity. He further submitted that the investigation is still pending. The case is under investigation and the lab report from the Forensic lab, Chennai on 19.07.2024, which received vide NAR No.536 of 2023. The specific overt act against the petitioner is that he obtained Nitravet 10 kg tablets from Sathish /A8 which the help A9 Madhan, and A1 sold the said Nitravet tablets along with A2 to A7 for personal jain. However, he vehemently opposed for the grant of bail to the petitioner.
4. Taking into consideration the quantity of the contraband seized from the petitioner is a commercial quantity, and the trial almost completed, and if the petitioner granted bail, there is a possibility of hampering witnesses and tampering with evidences. Given that there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.
5. Accordingly, this Criminal Original Petition stands dismissed. 22.08.2024 rri Crl.O.P.No.19820 of 2024 https://www.mhc.tn.gov.in/judis