Crl.OP.No890 of 2023

Crl.OP.No.890 of 2023

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on

01.08.2022 for the offences punishable under Sections 8(c) r/w 22(c), 22(b)

and 29(1) of NDPS Act, in Cr.No.779 of 2022 on the file of the respondent

police, seek bail.

2. The case of the prosecution is that when the respondent police was

on regular patrol, they found that the petitioner along with other accused

was found to be in possession of LSD Stamp -45 Nos, Methamphetamine

-4 tablets weighing 4 grams, eastacy pill tablet-1, Nitravit tablet-1, used tap

strip-21 nos and injection needles -10 nos. and the said quantity involved in

this case is commercial quantity which attracts Section 37 of NDPS Act.

Hence the case.

3. The learned counsel appearing for the petitioner would submit that

the petitioner is an innocent and he is running a mess and eking out his

livelihood out of the same. He has not committed any such offence as

alleged by the prosecution and has been falsely implicated in this case. He

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Crl.OP.No890 of 2023

would further submit the petitioner has been suffering incarceration from

01.08.2022 Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the

respondent police would submit that the petitioner along with other accused

was found to be in possession of LSD Stamp -45 Nos, Methamphetamine

-4 tablets weighing 4 grams, eastacy pill tablet-1, Nitravit tablet-1, used tap

strip-21 nos and injection needles -10 nos. and the said quantity involved in

this case is commercial quantity which attracts Section 37 of NDPS Act.

As per the confession of the petitioner/A1, he along with other accused/A2

to A7 have bought the said contraband through on-line and tried to sell the

same to drugs users for their personal gain. Therefore, he vehemently

opposed for grant of bail to the petitioner.

5.Taking into consideration the facts and circumstances of the case

and also taking note of the quantity of the contraband which is a commercial

quantity and that the petitioner has not satisfied the conditions under

Section 37 of NDPS Act, this Court is not inclined to grant bail to the

petitioner.

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Crl.OP.No890 of 2023

6. Accordingly, this Criminal Original Petition stands dismissed.

Further, the respondent police is directed to file a final report within a

period of six weeks from the date of receipt of a copy of this order.

Vv

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Crl.OP.No890 of 2023

T.V.THAMILSELVI, J.

Vv

Crl.O.P.No.890 of 2023

01.02.2023

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