Karaka Nageswara Rao v. State Rep By
Crl.O.P.No.25795 of 2022 G.K.ILANTHIRAIYAN, J.
The petitioner, who was arrested and remanded to judicial custody on 27.11.2020 for the offences punishable under Sections 8(c) read with Section 20(b)(ii)(c), 29(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.799 of 2020, seeks bail.
2. The case of the prosecution is that the petitioner along with other accused were in possession of 22 kgs of Ganja. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case. He would further submit that he is ready and willing to abide by any stringent condition that may be imposed on him. That apart, the petitioner has been suffering incarceration from 27.11.2020. Hence, he prays for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the respondent police has completed the investigation and filed a final report before the Principal Special Judge for
NDPS Act Cases, Chennai and the same has been taken cognizance in C.C.No.143 of 2021. He would also submit that this the second bail petition filed by the petitioner. Earlier, this Court had dismissed the bail petition in Crl.O.P.No.17272 of 2022 dated 25.07.2022. Hence, he vehemently opposed to grant bail to the petitioner.
5. Considering the quantity of the contraband seized from the accused, which is a commercial quantity and the grounds raised by the learned counsel for the petitioner in this regard can be considered only during trial, that apart, the petitioner failed to fulfil the twin conditions as contemplated under Section 37 of NDPS Act and this Court had already dismissed the earlier bail petition filed by the petitioner and that there is no change of circumstances. Hence, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original petition is dismissed. 27.10.2022 Lpp
G.K.ILANTHIRAIYAN, J.
Lpp Crl.O.P.No.25795 of 2022 27.10.2022