The petitioner, charged under NDPS Act for illegal possession of 500 grams of Methamphetamine, sought bail after 44 days in custody. The court denied bail due to the offence's gravity and the quantity exceeding commercial limits, dismissing the petition.
Bail was denied and the Criminal Original Petition was dismissed.
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CRL.O.P.No.28404 of 2022
CRL.O.P.No.28404 of 2022
T.V.THAMILSELVI,J.
The petitioner, who was arrested and remanded to judicial custody on 30.07.2022 for the alleged offence under Sections 9A, 22(c) and 25A of NDPS Act in Cr.No.285 of 2022, seeks bail.
3.The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as A2 and has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that no recovery has been made from the petitioner and that the petitioner is custody for the past 44 days. Hence prays for grant bail to the petitioner.
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CRL.O.P.No.28404 of 2022
T.V.THAMILSELVI, J.
anu
4.The learned Government Advocate (Crl.Side) would submit
that the petitioner along with A1 was found in illegal possession of 500 grams of Methamphetamine, which is a commercial quantity and that they were selling the contraband to innocent public. Though no recovery has been made from the petitioner, he had accompanied A1 in the alleged offence. Hence, he vehemently opposed to grant bail to the petitioner.
and that the quantity possessed is more than that of a commercial quantity, this court is not inclined to grant bail to the petitioner.
09.12.2022
anu
CRL.O.P.No.28404 of 2022
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2 issues framed by the court
Whether bail should be granted to an accused charged with illegal possession of 500 grams of Methamphetamine exceeding commercial quantity.
Whether the gravity of the offence and commercial quantity justify denial of bail.
1 provisions across 1 enactments
T.V. Thamilselvi
The State
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
