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Madras High CourtCRL OP/23060/2022dismissed

Arun Pandiyan v. The State Rep By Its,

2022-09-23Honourable Mr Justice G.K. Ilanthiraiyan3 pages

G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 14.03.2022 for the offences punishable under Sections 8(c), 21(c), 25 and 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.42 of 2022, seeks bail.

2. The case of the prosecution is that on 14.03.2022 at about 08.00 a.m. based on the secret information, when the respondent searched the placed of the accused, they were found in illegal possession of 56 grams of MD Amphetamine and subsequently seized the same. Hence, the complaint was registered as against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and a false case has been lodged against the petitioner. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there are totally 5 accused in which the petitioner is arrayed as A1 and he was possession of more than 56 grams of MD Amphetamine and it is commercial quantity. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Consider the above facts and circumstances of the case and the petitioner has failed to fulfil the twin conditions contemplated under Section 37 of the NDPS Act, 1985 and also now there is no change in circumstances of this case, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 23.09.2022 kv

G.K.ILANTHIRAIYAN, J.

kv 23.09.2022