Ashok Kumar @ Ashok v. Inspector Of Police

Crl.O.P.No.29089 of 2023 P.DHANABAL, J.

The petitioner who was arrested and remanded to judicial custody on 19.03.2023, seeks bail in Crime No.153 of 2023, which was registered by the respondent Police for the offences under Sections 8(c) r/w 20(b)(ii)(C), 21(1) of NDPS Act pending in C.C.No.694 of 2023 on the file of the I Additional Sessions Special Judge, Special Court NDPS and EC Act, Chennai.

2. The case of the prosecution is that petitioner along with another was found in possession of 23.680 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 19.03.2023 and hence, he seeks for granting of bail to the petitioner.

4.The learned Additional Public Prosecutor for the respondent submitted that the accused was found in possession of 23.680 Kgs of ganja 1/3

which is under commercial quantity. She also submitted that the petitioner/A1 is detained under Goondas Act vide detention order Lr.No.127/BCDFS1SSV/2023 dated 12.05.2023. Apart from that, the petitioner is having six previous cases, out of which, five are similar in nature. She further submitted that the charge sheet has been filed before the Special Court for EC and NDPS Act, Chennai and the same was taken on file in C.C.No.694/2023. 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 taking note of the fact that the contraband seized is of commercial quantity and also considering previous cases of the petitioner and the gravity of the offence charged against the petitioner, I am declined to grant bail to the petitioner.

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

Vv/vca P.DHANABAL, J.

Vv/vca 28.12.2023 3/3