Petitioner charged under NDPS Act sought bail alleging false implication and torture. Court found contraband was recovered in commercial quantity. Petitioner failed to satisfy Section 37 twin conditions as trial had commenced. Bail petition dismissed.
Criminal Original Petition dismissed; trial directed to be completed as early as possible.
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Crl.O.P.No.11003 of 2024
Crl.O.P.No.11003 of 2024
T.V.THAMILSELVI, J.
This Criminal Original Petition has been filed by the petitioner/A3, who was arrested and remanded to judicial custody on 25.06.2023, seeking bail in N.C.B.F.No.48/1/8/2023-NCB/MDS, registered for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii), 21(B), 22(c), 23(c), 28 & 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.
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Hence, he sought for bail.
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mistreatment by the respondent is false and even in the medical examination of the petitioner, no injuries were found. Further, there are enough materials to show that the petitioner was frequently in contact with the other accused in this case, which shows his active involvement. He also submitted that the seized contraband in this case is under the purview of Commercial Quantity, therefore, Section 37 of NDPS Act gets attracted and the petitioner has to satisfy the twin conditions, whereas, the petitioner herein has failed to satisfy the twin conditions laid down under Section 37 of NDPS Act, hence, the petitioner is not entitled for bail.
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T.V.THAMILSELVI, J.
ham
the learned trial Judge is directed to complete the trial as early as possible .
23.07.2024
ham
Crl.O.P.No.11003 of 2024
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3 issues framed by the court
Whether bail is maintainable for the petitioner charged with offences under the NDPS Act involving commercial quantity of drugs.
Whether the petitioner has satisfied the conditions under Section 37 of the NDPS Act for release on bail.
Whether the completion of the trial by the trial court is an adequate disposition before dismissing the bail petition.
2 provisions across 1 enactments
T.V.THAMILSELVI
State
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
