Sushilmunda v. The State Rep By Its,

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 26.04.2022 for the offences punishable under Sections 8(c) and 20(b) (ii) (B) of NDPS Act, 1985 in C.C.No.138 of 2022 in connection with Crime No.34 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on receiving a secret information, the respondent Police along with his team went to the scene of occurrence and they found the petitioner was in illegal possession of 63 kgs of ganja. The respondent has seized the contraband, arrested the accused and also registered a case against the accused. Hence the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner was working as RTO Assistant, with regard to renewal of lorry licence he went to

Andhrapradesh by bus. While returning, there was a wordy quarrel between Aramabakkam police in Tada and the petitioner and thus he was falsely implicated in this case. He further submits that the petitioner is in custody from 11.03.2022. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) submitted that the petitioner along with other accused were involved in illegal transportation of 230 kgs of ganja, which is a commercial quantity. He also stated that the investigation was completed and the charge sheet has been filed before the learned I Additional Special Court for NDPS Act, Chennai in C.C.No.187 of 2022 dated 05.09.2022. He also submitted that if the petitioner is granted bail at this stage, there is a possibility of tampering the evidence. Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

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

7.Accordingly, this Criminal Original Petition stands dismissed. However, the learned trial Judge is directed to complete the trial as expeditiously as possible, preferable within a period of six months from the date of receipt of a copy of this order.

09.01.2023 drl

T.V.THAMILSELVI, J.

drl 09.01.2023