Sivachandran v. The State Rep By Its,

CRL.O.P.No.28404 of 2022 CRL.O.P.No.28404 of 2022 T.V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 30.07.2022 for the alleged offence under Sections 9A, 22(c) and 25A of NDPS Act in Cr.No.285 of 2022, seeks bail.

2. There are totally two accused in this case, in which the petitioner is arrayed as A2. The case of the prosecution is that the petitioner along with A1 was found in illegal possession of 500 grams of Methamphetamine. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as A2 and has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that no recovery has been made from the petitioner and that the petitioner is custody for the past 44 days. Hence prays for grant bail to the petitioner.

https://www.mhc.tn.gov.in/judis

CRL.O.P.No.28404 of 2022 T.V.THAMILSELVI, J.

anu 4.The learned Government Advocate (Crl.Side) would submit that the petitioner along with A1 was found in illegal possession of 500 grams of Methamphetamine, which is a commercial quantity and that they were selling the contraband to innocent public. Though no recovery has been made from the petitioner, he had accompanied A1 in the alleged offence. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the gravity of offence committed by the petitioner and that the quantity possessed is more than that of a commercial quantity, this court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 09.12.2022 anu CRL.O.P.No.28404 of 2022 https://www.mhc.tn.gov.in/judis