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Madras High CourtCRL OP/32221/2022dismissed

Suriya @ Gajini Suriya v. The State Rep By,

2023-01-19Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 11.11.2022 for the offences punishable under Sections 8(c) 22(c) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.328 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 8 numbers of LSD Stamp weighing about 130 mgs. Hence the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and there is no recovery from this petitioner and based on the confession statement recorded from A1, the petitioner has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed

by this Court and he is in judicial custody from 11.11.2022. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) submitted that the petitioner along with the other accused were involved in illegal possession of 8 numbers of LSD Stamp weighing about 130 mgs, which is a commercial quantity. He further submitted that there are six previous cases pending against him and the name of the petitioner is also found in the mahazar. He also submitted that if the petitioner is granted bail at this stage, there is a possibility of tampering the evidence. Hence, he vehemently opposed to grant bail to the petitioner.

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

6.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 that the name of the petitioner is also found in the mahazar, this Court is not inclined to grant bail to the petitioner. 7.Accordingly, this Criminal Original Petition stands dismissed. 19.01.2023 vkr

T.V.THAMILSELVI, J.

vkr 19.01.2023