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Madras High CourtCRL OP/29589/2022dismissed

Nivas v. State Through Inspector Of Police(L And O)

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

T.V.THAMILSELVI, J.

This criminal original petition has been filed seeking to enlarge the petitioner on bail in respect of Crime No.810 of 2022, on the file of the respondent Police.

2. The case of the prosecution is that on 11.10.2022 at about 09.00 hours, on receipt of a secret information regarding illegal transportation of narcotic substance, the Sub-Inspector of Police along with the Police team went to the scene of occurrence and intercepted the accused persons, who were found in illegal transportation of 1300 nos of Nitravet tablets and 1700 nos of Tydol tablets in their possession. The respondent have seized the contraband under the cover of seizure mahazar and arrested the accused persons and registered a case in Crime No.810 of 2022 under Sections 8(c) r/w 22(b), 27(a), 25 of NDPS Act. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is a student and he has been falsely implicated in this case. He would further submit that he has nothing to do with the alleged offence. He would further submit that the petitioner is in custody from 11.10.2022. He would also submit that the petitioner 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 respondent has filed a detained counter.

5. The Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner along with the other accused had illegally transported 1300 nos of Nitravet tablets and 1700 nos of Tydol tablets, which is a commercial quantity. He would further submit that the forensic lab report has not yet been received. Therefore, he vehemently oppose to grant 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. 12.12.2022 vkr

T.V.THAMILSELVI, J.

vkr 12.12.2022