AI Structured Summary
Not yet generated for this judgment
Judgment
G.K.Ilanthiraiyan, J
The petitioner/A2 who was arrested and remanded to judicial custody on 04.06.2022 for the offences punishable under Sections 8 (C) r/w 20(b),(ii)(B), 28 and 29(1) of NDPS Act, 1985 @ 8(C) r/w 20 (b), (ii)(C), 29(1) of NDPS Act, 1985 in Crime No.397 of 2022, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner and other accused were found in illegal possession of 5kgs of Ganja Oil. Hence, the case.
3.Heard. Perused the materials available on record including the First Information Report.
4..It sis seen that there are totally five accused involved in this case and the petitioner is arrayed as A2. Even as per the case of the prosecution, A1 to A3 were found in possession of contraband weighing 5kgs of Ganja Oil. The learned counsel for the petitioner would submit that the petitioner was arrested subsequently, namely, after arrest of the first accused and the petitioner has not possessed in any contraband as alleged by the prosecution, whereas, on perusal of documents revealed that the petitioner along with A1 and A3 were found in possession of contraband weighing 5kgs of Ganja Oil. It is a commercial quantity. That apart, the petitioner has failed to satisfy the twin conditions as contemplated under Section 37 of the NDPS Act.
5.Taking into consideration the seriousness and gravity of the offence, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition is dismissed.