The High Court dismissed a criminal original petition for anticipatory bail. The petitioner was remanded for narcotic offences involving commercial quantity of ganja. The court held that the quantity was commercial and statutory conditions were not met.
Petitioner's prayer for grant of anticipatory bail is denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.22903 of 2022
Crl.O.P.No.22903 of 2022 T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 24.03.2022 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c), 25, 28 and 29 of NDPS Act, in C.C.No.170 of 2021 on
the file of the Special Judge, I Additional Special Court for Exclusive trial of cases under NDPS Act, Chennai.
submit that the petitioner is the owner of the vehicle and he is not present in the scene of occurrence and only based on the confession statement
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Crl.O.P.No.22903 of 2022
recorded from the other accused, the petitioner has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.
4.The Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner had procured 280 kgs of Ganja and concealed the same in his Eicher Truck and will be transporting through A1 and A2 from Andhra Pradesh to Trichy, the respondent Police intercepted the vehicle near Toll Plaza, Chennai and seized the contraband and also arrested the accused. He would further submit that the contraband involved in this case is commercial quantity. of ganja, which is a commercial quantity. Therefore, he vehemently opposed for grant of bail to the petitioner.
Government Advocate (Crl.Side) and perused the materials available on
record.
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Crl.O.P.No.22903 of 2022
case and also taking note of the quantity of the contraband which is a commercial quantity and that the petitioner has not satisfied the conditions under Section 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner.
07.12.2022
vkr
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Crl.O.P.No.22903 of 2022
T.V.THAMILSELVI, J.
vkr
Crl.O.P.No.22903 of 2022
07.12.2022
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2 issues framed by the court
Whether anticipatory bail can be granted to the petitioner despite the contraband being of commercial quantity.
Whether the petitioner has satisfied the statutory conditions for bail u/s 37 of NDPS Act.
2 provisions across 1 enactments
T.V.THAMILSELVI
State of Tamil Nadu
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
