S.Shankar v. State Rep By The Inspector Of Police

T.V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 22.09.2021 for the offences punishable under Sections 8(c), 22(b)(ii)(c), 29(i) and 25 of Narcotic Drugs and Psychotropic Act, 1985, in Crime No.28 of 2021 on file of the respondent police, seeks bail.

2. The case of the prosecution is that on 22.09.2021, on receipt of the secret information about trafficking of drugs, the respondent and his team conducted a vehicle check up, during which, they found that the accused had illegally transporting 110 kilograms of Ganja in their cars. 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 submitted that the petitioner was only accompanied A1 and others, who said to have visited Chennai for some business and the petitioner was not aware of the contraband. He also submitted that the petitioner is no way connected with the alleged offence and he is ready to abide by any stringent conditions that may be imposed by this Court. He also stated that the petitioner is in

custody from 22.09.2021 and therefore, he prays for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner (A4) along with other accused was illegally transported 110 kilograms of Ganja in their vehicles and as far as this petitioner is concerned he along with A5 & A6 transported 50 kilograms of Ganja in their car. He also submitted that the seized contraband is a commercial quantity and also stated that the charge sheet has been filed and the case has also been taken up on the file in C.C.No.84 of 2022 pending on the file of the learned Principal Special Judge, Special Court under EC & NDPS Act Cases, Chennai. He also stated that the trial in this case has been commenced and the PW1 has also been examined. He also submitted that if the petitioner is released on bail, there is every possibility of the petitioner to abscond and it would delay the progress of trial. He further submitted that no previous case is pending as against the petitioner, however, he vehemently opposed to grant bail to the petitioner.

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

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned Government Advocate (Crl.Side) and also considering the fact that the alleged contraband is a commercial quantity and since, the trial has been commenced, 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, preferably within a period of three months from the date of receipt of a copy of this order.

14.02.2023 ham

T.V.THAMILSELVI,J.

ham 14.02.2023