Mohamed Kalith v. State Rep. By

P.DHANABAL, J.

The petitioners/accused, who were already in judicial custody in Central Prison, Salem, in connection with Gudiyatham Town P.S. Crime No.364 of 2024, were formally arrested and remanded to judicial custody on 21.05.2024 for the offence punishable under Section 8(c) r/w 20(b)(ii)(c), 29(1) of NDPS Act, in Crime No.364 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners were found in illegal possession of 23 Kgs. of ganja and transporting the same under the Gudiyatham Railway Bridge. Hence, the case.

3. The learned counsel for the petitioners would contend that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he seeks bail.

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4. The learned Government Advocate (Crl.Side) would submit that the petitioners were found in illegal possession of 23 Kgs of ganja and they were arrested and remanded to judicial custody on 21.05.2024. In this case, investigation already completed and awaited for Laboratory report. The contraband involved in this case is commercial quantity. Hence he opposed to grant bail to the petitioners.

5. Heard both side counsels and perused the materials available on record.

6. Considering the representation made on either side and considering the fact that the quantity of material involved in this case is comes under the commercial quantity and on considering the gravity of offence, this Court is not inclined to grant bail to the petitioners at this stage.

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7. Accordingly, this Criminal Original Petition is dismissed. 06.09.2024 index: Yes/No Internet: Yes/No Speaking/Non Speaking order gvn 3/4

P.DHANABAL ,J, gvn Crl.OP.No.20419 of 2024 06.09.2024 4/4