Narpat Singh v. State Rep By The Inspector Of Polie

T.V.THAMILSELVI,J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 272, 273, 328 of IPC and Section 6, 24(1) of Cigarette and other Tobacco Products Act and Sections 8(c) r/w 20(b)(ii)(c) and 25 of NDPS Act, in Crime No.313 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on receiving a secret information, the respondent and his team went to the scene of occurrence and conducted the search, during which, they found the petitioners along with other accused were found in illegal possession of totally 46.500 kgs of Ganja Mittai and 212.477 kgs of Gukta, worth about Rs.2,17,848/-. The respondent police seized the contraband and arrested the accused. Hence the case.

3. Learned counsel for the petitionesr submitted that the petitioners are arrayed as A2 and A4 and based on the confession of the co-accused A1, these petitioners were falsely implicated in this case. He further submits that

the co-accused A-4 was released on bail by this Court in Crl.OP.No.29566 of 2022 dated 08.12.2022. Hence, he prays for grant of bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally four accused and the petitioners herein are arrayed as A2 and A4. He further submits that the petitioners along with other accused were found in illegal possession of totally 46.500 kgs of Ganja Mittai and 212.477 kgs of Gukta and the quantity comes under commercial quantity. Based on the confession of A1, these petitioners were arrested. He further stated that charge sheet has been filed and the same was taken on file in CC.No.172 of 2022 dated 23.12.2022. Hence, he vehemently opposed to grant bail to the petitioners.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6. Taking into consideration the facts and circumstances of the case

and the submissions made by the learned Government Advocate (Crl.Side) and also considering the gravity of the offence and the fact that the quantity comes under commercial quantity, this Court is not inclined to grant bail to the petitioners.

7. Accordingly, this Criminal Original Petition stands dismissed. 11.01.2023 drl

T.V.THAMILSELVI,J.

drl 11.01.2023