Loy Viegus v. The Superintendent Of Police

T.V.THAMILSELVI, J.

The petitioner, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 22(c), 23, 28 and 29 of NDPS Act in C.C.No.81 of 2022, on the file of the learned I Additional Special Judge for NDPS Act cases,, Chennai, seeks bail.

2. The case of the prosecution is that on receiving a secret information, the respondent Police along with his team went to the scene of occurrence and they found the accused were in illegal possession of MDMA tablets weighing about 535 grams. The respondent has seized the contraband, arrested the accused and also registered a case against the accused. Hence the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and there is no recovery from this

petitioner and based on the confession statement recorded from A1, the petitioner has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) submitted that the petitioner along with the other accused were involved in illegal transportation of MDMA tablets weighing about 535 grams, which is a commercial quantity. He further submitted that if the petitioner is granted bail at this stage, there is a possibility of tampering the evidence. Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case and also taking note of the quantity of the contraband which is a

commercial quantity, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition stands dismissed. 05.01.2023 vkr

T.V.THAMILSELVI, J.

vkr 05.01.2023