2022 Supreme(Online)(Mad) 70243
MADRAS HIGH COURT
VIJAY – Appellant
Versus
THE INSPECTOR OF POLICE – Respondent
CRL OP/15131/2022
Crl.OP.No.15131 of 2022
Crl.O.P.No.15131 of 2022
G.K.ILANTHIRAIYAN, J.
The petitioner, who was arrested and remanded to judicial custody
on 14.03.2022 for the offences punishable under Sections 8(c), 21(c), 25,
29(1) of the Narcotic Drugs & Psychotropic Substances Act, 1985 in crime
No.42 of 2022 on the file on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner along with
other accused was in illegal possession of 116 grams of MD @
Amphetamine. Hence, the case.
3. The learned counsel for the petitioner would submit that the
petitioner is an innocent person and he has been falsely implicated in this
case. Hence, he prays for grant of bail to the petitioner.
4. The Additional Public Prosecutor appearing for the respondent
would submit that the contraband which were seized from the accused is a
commercial quantity and the petitioner was in concious possession of the
said contraband. Hence, opposed for grant of bail to the petitioner.
Page 1 of 2
https://www.mhc.tn.gov.in/judis
Crl.OP.No.15131 of 2022
G.K.ILANTHIRAIYAN, J.
Sma
5. Considering the facts and circumstances of the case and also
considering that the contraband seized from the accused is a commercial
quantity. That apart, the petitioner failed to fulfil the twin conditions as
contemplated under Section 37 of NDPS Act. Therefore, this Court is not
inclined to grant bail to the petitioner.
6. Accordingly, this criminal original petition is dismissed.
06.07.2022
Sma
Crl.O.P.No.15131 of 2022
Page 2 of 2
https://www.mhc.tn.gov.in/judis