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Madras High CourtCRL OP/29937/2022dismissed

Balaji v. The State Rep By Its,

2022-12-15Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 06.07.2022 for the alleged offences punishable under Sections 8(c) r/w 22(c) of NDPS Act in Crime No.448 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 12 gram 43 milligram of MDMA-Ecstancy pills. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is in custody from 06.07.2022. 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 selling 12 gram 43 milligram MDMA - Ecstancy pills, which is a commercial quantity. He would further submit that there are five previous cases pending against him. 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 the previous antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

8.Accordingly, this Criminal Original Petition stands dismissed. 15.12.2022 vkr

T.V.THAMILSELVI,J.

vkr 15.12.2022