Nwafor Onynye Monica v. State

P.DHANABAL, J.

The petitioner who was arrested and remanded to judicial custody on 18.03.2023, seeks bail in Crime No.65 of 2023, which was registered by the respondent Police for the offences under Sections 8(c) r/w 22(C) of NDPS Act.

2. The case of the prosecution is that the petitioner was found to be in possession of 61 grams of MD-Methamphetamine. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has been in judicial custody from 18.03.2023 and hence, he seeks for granting of bail to the petitioner. 4.The learned Additional Public Prosecutor for the respondent submitted that the petitioner was found to be in possession of 61 grams of MD-Methamphetamine. She further submitted that after completion of 1/3

investigation, charge sheet was filed against the accused before the Principal Special Court under EC and NDPS Act Cases, Chennai and the same was taken on file in C.C.No.665 of 2023. Since seized contraband from the accused is a commercial quantity, she strongly opposed to grant bail to the petitioner.

5.Heard both sides and perused the materials available on record. 6.Considering the rival submissions on either side and also taking note of the fact that the seized contraband from the accused is a commercial quantity and the grave nature of offence charged against the petitioner, I am declined to grant bail to the petitioner, at this stage.

7. Accordingly, this Criminal Original Petition is dismissed. 28.12.2023 Vv/vca P.DHANABAL, J.

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