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Madras High CourtCRL OP/29048/2023dismissed

Asaithambi v. Inspector Of Police

2023-12-28Honourable Mr.Justice P. Dhanabal3 pages

P.DHANABAL, J.

The petitioner who was arrested and remanded to judicial custody on 22.11.2023, seeks bail in Crime No.48 of 2023, which was registered by the respondent Police for the offences under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act.

2. The case of the prosecution is that petitioner was found in possession of 8 Kgs of ganja. 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 and he has not committed any such offence as alleged by the prosecution. He further submitted that the petitioner has been in judicial custody from 22.11.2023 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 in possession of 8 Kgs of ganja. She also submitted that the accused have purchased the contrabands from Andhra Pradesh and tried to sell the same at Madurai for his personal gain. She 1/3

further submitted that the petitioner is having one previous case. Since the offences are grave in nature, 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 considering that investigation is pending and considering the quantity of contraband seized and there is one previous case against the petitioner and the gravity of the offence, I am declined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 28.12.2023 Vv/vca 2/3

P.DHANABAL, J.

Vv/vca 28.12.2023 3/3