Criminal Original Petition filed for bail under Section 483 of BNSS 2023 in NDPS case involving illegal possession of 85g Methamphetamine. The High Court held that the quantity was commercial and dismissed the bail plea.
Criminal Original Petition No.18985 of 2024 seeking bail is dismissed.
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Crl.O.P. No.18985 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.09.2024
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL
CRL OP.No.18985 of 2024
Ezebuiloh Sunday @ Chukwu, S/o.Nwalioba Eze ... Petitioner Vs
State rep. by:-
The Inspector of Police, NIBCID, Chennai. ... Respondent [Cr.No.24 of 2023]
PRAYER: - Criminal Original Petition filed under Section 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant bail to the petitioner/Accused in Crime No.24 of 2023 on the file of the respondent police.
For Petitioner : M/s.Murali Law Firm For Respondent : Mr. S.Vinoth Kumar Government Advocate (Crl.Side)
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ORDER
The petitioner, who was arrested and remanded to judicial custody on 20.09.2023 for the offences punishable under sections 8(c) r/w.22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985in Crime No.24 of 2023 on the file of the respondent police, seeks bail.
pain and bleeding in uterus. After the treatment, due to shortage of cash, https://www.mhc.tn.gov.in/judis 2 of 6
Crl.O.P. No.18985 of 2024
the petitioner went to Bangalore to meet his cousin brother Godwin for his departure to his country and to exchange currency through money exchange with his help. The petitioner's brother gave one number of his friend namely Chibuzo who already staying in his room. When the petitioner was staying in the room at Bangalore, on 19.09.2023, the respondent police entered into the room and searched the petitioner and they have not seized anything from the petitioner. But, the respondent police seized some contraband from the bag of Chibuzo and the respondent police has instructed the petitioner to call his friend and confirm his arrival to catch him. The said Chibuzo came to room and after seeing the police officials he escaped from the room. Thereafter, the respondent police foisted false case against this petitioner. This petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. The petitioner is in judicial custody from 20.09.2023. However, the petitioner is ready to abide by any stringent conditions may be imposed by this Court. Hence, he seeks bail to the petitioner.
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considering the fact that the quantity of material involved in this case is comes under the commercial quantity and also considering the gravity of offence and other facts, this Court is not inclined to grant bail to the petitioner at this stage.
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05.09.2024
index: Yes/No Internet: Yes/No Speaking/Non Speaking order gvn
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P.DHANABAL, J,
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Crl.OP.No.18985 of 2024
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2 issues framed by the court
Whether bail should be granted to the petitioner charged with illegal possession of commercial quantity of Methamphetamine under the NDPS Act.
"Commercial quantity" cases under the NDPS Act be dismissed without bail.
2 provisions across 2 enactments
Ezebuiloh Sunday @ Chukwu
State
P.DHANABAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
