The High Court dismissed a bail petition in an NDPS Act case involving commercial quantity of ganja. The court held that the petitioner must satisfy the twin conditions under Section 37 of the Act, which were not met, and granted bail was not inclined. The petition stands dismissed.
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Crl.O.P.No.13878 of 2024
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial
custody on 27.03.2024, in Crime No.752 of 2023 on the file of the respondent police registered for the alleged offence punishable under Section 8(c), 20(b) (ii) (C) of NDPS Act, seeks bail.
the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that on the secret information received on 07.11.2023, the petitioner along with other accused was found to be in possession of the alleged contraband of 37 kgs of ganja. He further submitted that based on the confession of the arrested accused, this petitioner was impleaded as an accused person. He further submitted that the petitioner is suffering incarceration from 27.03.2024 and he is ready to abide any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.
the respondent police submitted that the petitioner along with other accused was found to be in illegal possession of 37 kilograms of ganja. He further submitted that during the confession of the arrested accused, it
drl
T.V.THAMILSELVI, J.
reveals that the accused/A1 & A2 received money from A3 and had purchased the contraband from Andhra Pradesh, which was then handed over to A3. He used to purchase the said commercial quantity of contraband, transfer money, arrange for sellers to sell the contraband and committed the offence. He further submitted that the investigation in this case is still pending and the petitioner has no previous case, and at this stage, if the petitioner is released on bail, he would tamper the witnesses and hamper the investigation. However, he opposed for the grant of bail to the petitioner.
05.07.2024
drl Crl.O.P.No.13878 of
2024
1 issue framed by the court
Whether the petitioner is entitled to bail in an NDPS case involving commercial quantity where the twin conditions of Section 37 are not satisfied.
3 provisions across 1 enactments
T.V. Thamilselvi
Respondent Police
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
