Crl.OP.No.1410 of 2023

Crl.OP.No.1410 of 2023

T.V.THAMILSELVI

The petitioner who was arrested and remanded to judicial custody on

20.09.2022 for the alleged offences punishable under Sections 8(c) read

with 20(b), 27(A), 28 and 29 of the NDPS Act @ under Section 8(c) read

with 20(b)(ii)(C), 27(A), 28 and 29 of the NDPS Act 1985, in NCB

F.No.48/1/12/2019-NCB/MDS in C.C.No.39 of 2020, on the file of the

respondent police, seeks bail.

2. The case of the prosecution is that on 20.09.2019, based on secret

information, the petitioner along with other accused were found to be in

illegal possession of 303.250 kgs of ganja. All of them are arrested and

remanded to judicial custody. Hence, the complaint.

3. The learned counsel for the petitioner submits that the petitioner is

an innocent person and he has not committed any offence as alleged by the

prosecution and he has been falsely implicated in this case. He further

submits that he already moved an application for bail before the Principal

Court under EC & NDPS Act, Chennai and the same was dismissed on

05.01.2023 in Crl.MP.No.5956 of 2022. He also submitted that the

petitioner is in custody from 20.09.2022, and hence, he prays to grant bail to

the petitioner.

1/2

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

Crl.OP.No.1410 of 2023

T.V.THAMILSELVI

drl

4. The learned Special Public Prosecutor submits that the petitioner

along with other accused were found in illegal possession of 303.250 kgs of

ganja and it is a commercial quantity. He further submits that 14 packets of

ganja was received, which was possessed by the petitioner and it is weighed

about 28.300 kgs which comes under commercial quantity. He further

submits that if the petitioner on bail at this stage when the investigation is

pending,will provide the petitioner with an opportunity to abscond as well

as tamper with the evidences in this case. Hence, he vehemently opposed to

grant bail to the petitioner.

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

and the submission made by the learned counsel and also considering the

fact that the alleged contraband is a commercial quantity and the petitioner

did not satisfy the conditions required under Section 37 of NDPS Act for

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

6. Accordingly, this Criminal Original Petition is dismissed.

08.02.2023

drl

Crl.OP.No.1410 of 2023

2/2

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