Naresh Babu v. State Rep. By

T.V.THAMILSELVI, J.

The petitioners, who were arrested and remanded to judicial custody on 11.04.2024 for the alleged offences punishable under Sections 8 (c), 22 (c) and 29 (1) of Narcotic Drugs and Psychotropic Substances Act, in Crime No.316 of 2024, on the file of the respondent police seek bail.

2. The case of the prosecution is that the petitioners along with other accused were found in possession of 2100 Nitravet Tablets and 251 grams of Tydel Tablets. Insofar as the 1st petitioner/A1 is concerned, he was found in possession of 900 Nitravet Tablets and 310 Tydel Tablets. The 2nd petitioner/A2 is concerned, he was found in possession of 600 Nitravet Tablets and 310 Tydel Tablets. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. Even according to the prosecution only 342 grams of Nitravet Tablets (600 tablets) are alleged to have been recovered from A2 which is an intermediate quantity and that the Tydel tablet is not a scheduled drug. Further, A3 who is alleged to have been found in possession of 900 Nitravet 1/3

tablets has been granted bail by this Court in Crl.O.P.No.20000 of 2024 by order dated 22.08.2024 and that the petitioners have been suffering incarceration for more than five months from 11.04.2024. Hence, he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police vehemently opposed for the grant of bail to the petitioners by stating that the petitioners/A1 and A2 along with A3 were found in possession of 2100 Nitravet Tablets and 251 grams of Tydel Tablets. Apart from this case, there are 5 previous cases against A1 in which one case is similar in nature and that A2 has got 4 previous cases in which two cases are similar in nature.

5. Considering the nature of offence, the quantity of contraband and the fact that both the petitioners have already involved in similar nature of offence under NDPS Act and they have also involved in other IPC offences, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, these Criminal Original Petitions are dismissed. 26.09.2024 ksa-2 2/3

T.V.THAMILSELVI, J.

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