V.Lakshmanan v. Union Of India

T.V.THAMILSELVI,J.

The petitioner who was arrested and remanded to judicial custody on 09.02.2022 for the offence punishable under Sections 8(c), 22(c) and 29 of NDPS Act in R.R.No. 06 of 2022 in NCB F.No.48/1/02/2022- NCB/MDS seeks bail.

2. The case of the prosecution is that based on the specific information received from the informant, the NCB officers of Narcotice Control Bureau, Chennai at M/s Viki Industries, Private Limited Gummudipoondi, intercepted the vehicle and found that the petitioner along with other accused were found in possession of 11 kgs of White Crystaline substance believed to be Amphetamine which is of commercial quantity. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner has no previous antecedents and he is the sole bread winner of his family. He submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence prays for grant of bail.

4.The learned Government Advocate (Crl.Side) would submit that this is the second bail petition and the earlier petition has been dismissed as withdrawn in Crl.O.P.No.27545 of 2022 vide order dated 25.11.2022. He further submits that as per the Notification in S.O.10555(E), dated 19.10.2001 issued under clause (vii a) and (xxiii a ) of Section 2 of NDPS Act, specifying Small and Commercial quantities issued by the Ministry of Finance, Government of India the small quantity is 2 grams and the commercial quantity is 50 grams. The contraband seized is 11kgs of white crystaline substance which is more than commercial quantity. Hence he vehemently opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and the quantity of contraband involved in this case, this court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. 27.01.2023 smn

T.V.THAMILSELVI, J.

smn 27.01.2023