Esmelcia Micas @ Leony v. The State Rep.By Its
Crl.O.P.No.26547 of 2024 A.D.JAGADISH CHANDIRA, J.
This Criminal Original Petition has been filed by the petitioner/A3, who was arrested and remanded to judicial custody on 20.01.2024, seeking bail in Crime No.45 of 2024 for the alleged offences punishable under Sections 8(c), r/w 22(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 224 & 353 of IPC. 2.The case of the prosecution is that on receipt of secret information, the respondent police intercepted the first accused and seized cocaine, thereafter, the respondent police had arrested A1 and he confessed that A1 along with A2 and the petitioner/A3 who is the wife of A1, have bought the cocaine and sold the same to A4, A5, A6 & A7. Total quantity of cocaine is 1008 grams, which is a commercial quantity. Hence the case.
3.Learned counsel appearing for the petitioner submitted that no contraband has been recovered from the petitioner and based on the confession of A1, the petitioner has been arrayed as A3. He also submitted that the petitioner has not committed any offence as alleged by the prosecution, however, he is in custody
from 20.01.2024 and the petitioner is also ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that on receipt of secret information, the respondent police intercepted the first accused and seized cocaine. Based on the confession of A1, the petitioner/A3 was arrested. Total quantity of cocaine is 1008 grams, which is a commercial quantity. Hence, he opposed granting bail to the petitioner. 5.The respondent has filed a detailed counter in this case.
6. Heard both sides and perused the materials available on record.
7. Taking into consideration the facts that the petitioner is foreign national and commercial quantity has been recovered from the accused, this Court is of the opinion that the petitioner is not satisfied the twin conditions required under Section 37 of NDBS Act for grant of bail.
In view of the above, the Criminal Original Petition stands dismissed. sms 05.11.2024
A.D.JAGADISH CHANDIRA, J.
sms Crl.O.P.No.26547 of 2024 05.11.2024