Nandhakumar v. The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 14.03.2022 for the alleged offence under Sections 8(c) r/w 21(c), 25 & 29(1) of NDPS Act in Crime No.42 of 2022 on the file of the respondent police, seeks bail.

2. The case of prosecution is that on 14.03.2022, when the respondent police on routine patrol, and also based on the secret information, on a suspicious manner, they intercepted the petitioner along with other accused and on search, they found that the petitioner/A2 was found in possession of 56 grams of MD Amphatamine, unused 5 needles, 10 ml. sterile water 3 without any valid permission. Hence, the complaint was registered against the petitioner.

3. The learned counsel appearing for petitioner submitted that he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. He would also submit that he has been falsely implicated in this case and he will abide by any condition imposed by this court and other co-accused were released on bail. He would also submit that the petitioner has been suffering incarceration from 14.03.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that co-accused A1 and A4 were released on bail on the ground that no property was recovered from them and the contraband seized from this petitioner is a commercial quantity. He would submit that now the investigation is completed and the case is at the stage of trial. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is not yet completed. However, he would vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and considering the gravity of offence committed by the petitioner, and also considering the fact that the contraband seized from this petitioner is a commercial quantity and considering the fact that there is possibility of tampering the witnesses and hampering the investigation, 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 six months from the date of receipt of this order. 20.01.2023 rpp

T.V.THAMILSELVI, J.

rpp 20.01.2023