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Judgment
V. Sivagnanam, J
The petitioner/A3 who was arrested and remanded to judicial custody on 30.03.2023 for the alleged offence punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 of NDPS Act, 1985, in Crime No.40 of 2023, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that based on the secrete information received on 04.03.2023 at 03.45 p.m, the respondent police went to the place and they were waiting for the accused arrival. While so, A1 and A2 were came to the spot with a two wheeler and the respondent police has intercepted the said vehicle. Thereafter, A1 and A2 have voluntarily given confession statements and on the basis of the said statements, the respondent police along with the Village Administrative Officer, have received the contraband of 22 Kilo grams of Ganja from the accused persons. Hence, the case.
3.The learned counsel appearing for the petitioners would contend that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Based on the confession of the accused Nos.1 and 2, this petitioner has been implicated in this case. Hence, he prays for bail to the petitioner.
4.The learned Additional Public Prosecutor appearing for the respondent Police by filing a counter affidavit would submit that 22 kilo grams of Ganja has been recovered from the accused persons, which is the commercial quantity. Hence, he strongly opposed to grant bail to the petitioner.
5.Heard both sides and perused the materials available on record.
6.On perusal of the records, it is revealed that the petitioner was arrested on 30.03.2023 by the respondent police based on the confession of the accused Nos.1 and 2. The seized contraband is the commercial quantity. The condition to grant bail is stated by the provision of Section 37 of the NDPS Act. It can be granted in a case where there are reasonable grounds for believing that the accused is not a guilty of the said offence or that he is not likely to commit any offence while on bail. Drug offence causes deleterious effects and deadly impact on the society and hazard to the society. In the instant case, there is no reasonable ground for believing that the petitioner is not guilty of the said offence.
Hence, this Court is not inclined to grant bail to the petitioner.
Accordingly, this Criminal Original Petition is dismissed.