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Madras High CourtCRL OP/24803/2023dismissed

Balaji Babu v. State Rep.By

2024-01-08Honourable Mr Justice C.V. Karthikeyan2 pages

Crl.O.P.No.24803 of 2023 Crl.O.P.No.24803 of 2023 C.V.KARTHIKEYAN, J.

The petitioner/A4, who was arrested and remanded to judicial custody on 15.09.2023, registered by the respondent Police according to the petitioner, for the offences under Sections 22(b), 29(1) of NDPS Act, in Crime No.509 of 2023, seeks bail.

2. The petition itself is not maintainable since the offences had been subsequently altered to Section 8(c) read with 22(c), 25, 29(1) of NDPS Act. The quantity seized is commercial in nature and not intermediate. Even without giving correct provision of law, this petition has been filed.

3. The learned counsel for the petitioner stated that the petitioner is an innocent person and that there has been no seizure of contraband from the petitioner herein. But the records speak otherwise.

4. The records point out that 870 nitravet tables with 58 tab each containing 15 tablets had been seized from the petitioner herein. It is commercial in nature under NDPS Schedule No.221. Further, the records also show that a mobile phone and a motor cycle had also been seized from the petitioner herein. Those facts have not been stated in the petition.

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

Crl.O.P.No.24803 of 2023 C.V.KARTHIKEYAN , J.

vsg

5. It is the case of the prosecution that the other accused had informed that it is this petitioner, who purchases the Notravet tablets, places orders through whatsapp Andhra Pradesh and supplies to the other accused. Laboratory report is yet to be obtained and the investigation has not yet been completed. Hence, this Criminal Original Petition stands dismissed.

08.01.2024 vsg Crl.O.P.No.24803 of 2023 https://www.mhc.tn.gov.in/judis