A.Sakthi Prasath v. State Rep By
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 19.04.2022 for the offences punishable under Sections 8(c) r/w 22(b) and 29(1) of NDPS Act, in Crime No.53 of 2022 on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that on 19.04.2022 at about 13.30 hours, on receipt of the secret information, when the respondent police and their team conducted search, they found that the petitioner along with other accused was found in illegal possession of LSD stamps - 33, MDMA tablets - 30. Thereafter the respondent Police seized the contraband and also arrested the accused. Hence, the case.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has nothing to do with the alleged offence. He would further submit that there is no recovery from the petitioner and based on the confession statement recorded from A1, the
petitioner has been falsely implicated in this case. He would further submit that the petitioner is in custody from 19.04.2022 and he is ready to abide by any stringent condition that may be imposed by this Court and hence, he prays for grant of bail to the petitioner.
4. The respondent has filed a detained counter. 5.The Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner along with other accused was found in illegal possession of LSD stamps - 33, MDMA tablets - 30. He would further submit that the forensic lab report has not yet been received and the investigation has also not completed. Therefore, he vehemently opposed for grant of bail to the petitioner.
6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.
7.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 and that the lab report has not yet been received, this Court is not inclined to grant bail to the petitioner. 8.Accordingly, this Criminal Original Petition stands dismissed. 08.12.2022 vkr
T.V.THAMILSELVI, J.
vkr 08.12.2022