The court dismissed the bail petition of an accused arrested for possession of 1.530 kgs of cocaine. The court held that although the investigation was complete, the statutory conditions under Section 37 of the NDPS Act were not met due to the commercial quantity involved.
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Crl.O.P.No.14256 of 2024
Crl.O.P.No.14256 of 2024
P.DHANABAL,J.
This Criminal Original Petition has been filed by the petitioner/A2, who was arrested and remanded to judicial custody on 15.05.2023, seeking bail in C.C.No.146 of 2024 on the file of II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai in R.R.No.15 of 2023 registered for the offence under Sections 8(c) r/w 21(c),23(c),28 and 29 of NDPS Act on he file of the respondent police.
2.The case of the prosecution is that the petitioner along with other accused were in possession of 1.530 kgs of cocaine which is a commercial quantity. Hence the complaint.
4.The learned Government Advocate (Crl.Side) appearing for the
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Crl.O.P.No.14256 of 2024
respondent police would contend that that the petitioner along with other accused were in possession of were in possession of 1.530 kgs of cocaine. He would further submit that the investigation was completed and the charge sheet has also been filed. However, he opposed to grant bail to the petitioner.
6 . Taking into consideration the facts and circumstances of the case and the submission made by the learned counsel on either side and also considering the nature of offence and the quantity involved is a commercial quantity and though investigation was completed and the charge sheet has also been filed, the conditions u/s 37 of NDPS Act have not been complied, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition stands dismissed.
01.10.2024
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P.DHANABAL,J
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Crl.O.P.No.14256 of 2024
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1 issue framed by the court
Whether the conditions under Section 37 of the NDPS Act are satisfied for granting bail in a commercial quantity cocaine case?
2 provisions across 1 enactments
Petitioner/A2
Respondent Police
P. DHANABAL, J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
