In a criminal bail petition under the NDPS Act, the petitioner, accused of 2 kg ganja possession alongside 36 kg found with the main accused, sought release. The court dismissed the petition, ruling that commercial quantity possession failed statutory bail conditions.
Bail to the petitioner was denied and the Criminal Original Petition was dismissed.
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Crl.OP.No.9518 of 2023
Crl.O.P.No.9518 of 2023
G.K.ILANTHIRAIYAN, J.
The petitioner/A2, who was arrested and remanded to judicial custody on 07.03.2023 for the offences punishable under Sections 8(c), 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 in crime No.11 of 2023 on the file of the respondent police, seeks bail.
secret information, the respondent went to the place of occurrence and found that A1 was in illegal possession of 36 Kgs of ganja. Hence the complaint.
false case has been foisted as against the petitioner and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner was arrested and remanded to judicial custody on 07.03.2023. Hence, he prays to grant bail to the petitioner.
was found in possession of 36 Kgs of ganja. On his confession, the petitioner/A2 was arrested and he was also found in possession of 2 Kgs of
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Crl.OP.No.9518 of 2023
ganja. As per the confession statement of 1st accused, he used to purchase ganja from Odisha and hand over to the petitioner herein, in order to sell the same. Hence, he vehemently opposed to grant bail to the petitioner.
possession of contraband and it is a commercial quantity. Therefore, the petitioner failed to satisfied the twin conditions under Section 37 of the NDPS Act. Taking consideration of the above facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner.
05.05.2023
mpl
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Crl.OP.No.9518 of 2023
G.K.ILANTHIRAIYAN, J.
mpl
Crl.O.P.No.9518 of 2023
05.05.2023
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1 issue framed by the court
Whether bail should be granted to the petitioner accused of possessing commercial quantity of ganja under Section 37 of the NDPS Act.
1 provisions across 1 enactments
G.K.ILANTHIRAIYAN
STATE OF TAMIL NADU
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
