Madras High CourtCRL OP/1450/2022bail granted

S.Dhamodharan v. State Rep By

2022-01-24Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.1450 of 2022 Crl.O.P.No.1450 of 2022 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 24.01.2023 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(c), 25 & 29(i) of the NDPS Act in Crime No.189 of 2019 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint stating that he was found in possession of 40 kgs of Ganja without any valid license or permit. Hence, the complaint.

3. The learned counsel for the petitioner submitted that there is no iota of truth in the complaint and he is no way connected with the said offence. He would submit that he has not at all committed any offence as alleged by the respondent police and there is no property recovered from this petitioner. He would submit that the investigation is almost completed and that the petitioner has been suffering incarceration from 21.07.2019. Hence, he prayed to grant bail to the petitioner.

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.1450 of 2022 T.V.THAMILSELVI, J.

vsn

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner illegally transported 40 kgs of Ganga is a commercial quantity. He would submit that now the trial is also begin and it will completed within three months. He would submit that if he is released on bail, he would tamper the witnesses and hamper the investigation. Hence, he 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 also considering gravity of offence committed by the petitioner, and now the trial is begin and 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 three months from the date of receipt of copy of this order.

24.01.2023 vsn Crl.O.P.No.1450 of 2022 https://www.mhc.tn.gov.in/judis