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2023 Supreme(Online)(Mad) 91610

MADRAS HIGH COURT
T.V.THAMILSELVI, J
SILAMBARASAN @ SILAMBU – Appellant
Versus
THE STATE REP BY ITS, – Respondent
CRL OP/1057/2023



Crl.OP.No.1057 of 2023

Crl.OP.No.1057 of 2023

T.V.THAMILSELVI, J.

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

06.08.2022 for the alleged offence under Sections 8(c) r/w Section

20(b)(ii)(A) and 22(b), 22(c), 25 and 29(1) of NDPS Act in Crime No.320 of

2022, seeks bail.

2.There are totally six accused in this case, in which the petitioner is

arrayed as A1. The case of the prosecution is that the petitioner along with

other accused were found in illegal possession of 51 MMDA tablets which

contains 19 grams and 300 grams of Ganja. Hence the case.

3. The learned Counsel appearing for the petitioner submitted that this

is the second application for bail and the earlier application was dismissed by

this Court on the ground that there are five previous cases pending against the

petitioner. He further submitted that the petitioner is ready to abide by any

stringent condition that may be imposed by this Court and the co-accused in

this case has already been released on bail. Hence, he prays for grant of bail

to the petitioner.

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https://www.mhc.tn.gov.in/judis

Crl.OP.No.1057 of 2023

T.V.THAMILSELVI, J.

Vkr

4.The learned Government Advocate (Crl.Side) submitted that the

petitioner along with other accused were found in possession of 51 MMDA

tablets which contains 19 grams and 300 grams of ganja, which is a

commercial quantity. He further submitted that there are 10 previous cases

pending against him, out of which, 5 cases are similar in nature. However, he

opposed for grant of bail to the petitioner.

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

the contraband involved in this case is commercial quantity and the previous

bad antecedents of the petitioner and there is no change in circumstances of

the case, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed.

02.02.2023

Vkr

Crl.OP.No.1057 of 2023

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https://www.mhc.tn.gov.in/judis

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