Edwinraj v. The State Rep By The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 11.03.2022 for the offences punishable under Sections 8(c) r/w 20(b) (ii) (c), 25, 29(1) of NDPS Act, 1985 in Crime No.46 of 2022, on the file of the respondent police, seeks bail.

2. Totally there are five accused and the petitioner herein is arrayed as A4. 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 along with other accused were in illegal possession of 230 kgs of ganja. The respondent has seized the contraband from the accused persons under the cover of seizure mahazar in the presence of witness. Hence the complaint.

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