Crl.O.P. filed for anticipatory bail under NDPS Act regarding illegal possession of 2.300 kgs of ganja. Court rejected bail application due to gravity of offence and petitioner being a history sheeter with pending cases.
Application for anticipatory bail dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.4649 of 2024
Crl.O.P.No.4649 of 2024
T.V.THAMILSELVI, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b) (ii) (B), 29(1) of NDPS Act, in Crime No.530 of 2023, on the file of the respondent police, seeks bail.
arrayed as A1. The case of the prosecution is that on receiving a secret information, respondent Police along with his team went to the scene of occurrence and they found the petitioner along with other accused were in illegal possession 2.300 kgs of ganja. The respondent has seized the contraband from the accused persons and registered a case against them. Hence the complaint.
contraband of 2.300 kgs of ganja by the respondent police which is an Page 1 of 4
Crl.O.P.No.4649 of 2024
intermediate quantity. He further submits that based on confession of A2 and A3, he is no way connected with the case. He further submits that the contraband was recovered from this petitioner. Hence, he prays to grant anticipatory bail to the petitioner.
petitioner along with other accused were involved in illegal possession of 2.300 kgs ganja, which is a commercial quantity. and the same was seized by the respondent police. He further submits that the petitioner has 30 previous cases pending against him including NDPS cases and IPC cases and he is a history sheeter. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
Government Advocate (Crl.Side) and perused the materials available on record.
Page 2 of 4
Crl.O.P.No.4649 of 2024
6 . Taking into consideration the facts and circumstances of the
case, the submissions made by the learned Government Advocate (Crl.Side) and taking note of the gravity and nature of the offence, this Court is not inclined to grant bail to the petitioner.
dismissed.
10.04.2024
drl
Page 3 of 4
Crl.O.P.No.4649 of 2024
T.V.THAMILSELVI, J.
drl
Crl.O.P.No.4649 of 2024
10.04.2024
Page 4 of 4
2 issues framed by the court
Whether anticipatory bail should be granted to an accused apprehending arrest under the NDPS Act for possession of ganja.
Whether the petitioner's history as a sheeter with pending cases affects the bail application.
1 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
