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Madras High CourtCRL OP/1226/2023dismissed

Chelladurai v. State Rep By The Inspector Of Police

2023-01-23Honourable Mrs Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 22.07.2021 for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(C), and 29(1) of NDPS Act, 1985 in Crime No.33 of 2021, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that when the respondent police on suspicious manner intercepted in train, the petitioner along with other accused travelled and they were found in possession of 44 kgs. of ganja illegally without any valid license. Hence, the case. 3.The learned counsel appearing for the petitioner submits that this is fourth petition seeking for bail before this court. He would submit that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration for more than a year from 22.07.2021 onwards. Hence, he prays for grant of bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) submits that the contraband involved in this case is a commercial quantity. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed and within three months, they will complete the trial. However, he would vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering that the contraband seized from the accused is commercial quantity and there is no change of circumstances and also considering the gravity of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, the trial court is directed to complete the trial and dispose the case within a period of three months from the date of receipt of copy of this order.

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T.V.THAMILSELVI, J.

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