Sathish v. The State Rep By Its,

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 06.08.2022 for the offences punishable under Sections 8(c) r/w 20(b) (ii) (C), 25 and 29(1) of NDPS Act, in Crime No.136 of 2022, on the file of the respondent police, seeks bail.

2. Totally there are two accused and the petitioner herein is arrayed as A1. The case of the prosecution is that on receiving a secret information, respondent Police along with his team went to the scene of occurrence and they found the petitioner along with other accused were in illegal possession 80 kgs of ganja, 2 cell phones and a motor cycle from A1. The respondent has seized the contraband from the accused persons and registered a case against them. Hence the complaint.

3. Learned counsel for the petitioner submitted that the seized contraband of 80 kgs of ganja by the respondent police is only from A2,

in which, he is no way connected with the case and this is the second bail application filed before this Court. He further submits that there is no property was recovered from this petitioner. He further submits that the petitioner is in custody from 06.08.2022. 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 possession of 80 kgs of ganja, which is a commercial quantity. He also stated that the investigation was almost completed. He further submits 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 four months from the date of receipt of a copy of this order.

08.02.2023 drl Copy To:

1. The Principal Special Court under EC & NDPS Act, Chennai.

T.V.THAMILSELVI, J.

drl 08.02.2023