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Madras High CourtCRL OP/27789/2022dismissed

Danush v. State Of Tamil Nadu

2022-12-12Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 08.10.2022 for the offences punishable under Section 9A, 22(c), 8(c) 20(b)(ii)(A) of NDPS Act, in Crime No.347 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 30.09.2022 at about 09.15 hours, on receipt of a secret information regarding illegal sale of ganja, the Sub-Inspector of Police along with the Police team went to the scene of occurrence and at that time, the petitioner along with the other accused have illegally transported 150 grams methamphetamine and 50 grams of ganja and the petitioner along with 3 others have escaped from the scene of occurrence and the contraband has been seized and A1 has been arrested on the same day. Based on the confession statement recorded from A1, the petitioner along with 3 others have been arrested on 08.10.2022 and a case in Crime No.347 of 2022 has been registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is a student and he has nothing to do with the alleged offence. He would further submit that 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 08.10.2022 and he is prepared to comply with any stringent condition that may be imposed by this Court and he prays for grant of bail to the petitioner.

4.The Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner along with the other accused had illegally selling 150 grams methamphetamine and 50 grams of ganja, which is a commercial quantity. He would further submit that there are four previous cases pending against the petitioner. Therefore, he vehemently oppose 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 allegations and also the bad antecedent of the petitioner and it is stated that the custodial interrogation of the petitioners is essential, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition stands dismissed. 12.12.2022 vkr

T.V.THAMILSELVI, J.

vkr 12.12.2022