Periyasamy v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 25.04.2022 for the offences punishable under Sections 8(c) r/w 20(b) (ii) (C), 25, 29(1) of NDPS Act, 465, 468, 471 r/w 34 of IPC, in Spl.C.C.No.76 of 2022 in connection with Crime No.50 of 2021, on the file of the respondent police, seeks bail.

2. Totally there are nine accused and the petitioner herein is arrayed as A7. The case of the prosecution is that the petitioner along with other accused were in illegal possession of 340 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 been falsely implicated in this case. He further submits that based on the confession statement, this

petitioner was implicated in this case and the petitioner is in custody from 25.04.2022. 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 340 kgs of ganja, which is a commercial quantity. He further submits that only on the instructions of the other accused, this petitioner purchased contraband in Andhra Pradesh and transported 340 kgs of ganja. 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