Umasankar v. The State Rep By Its,

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 06.02.2022 for the offences punishable under Sections 8(c) r/w 20(b) (ii) (C), 25 and 29(1) of NDPS Act, in Crime No.6 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 06.02.2022, the respondent police received a secret information, the Sub-Inspector of Police along with his team went to the scene of occurrence and found the petitioner along with another accused traveling in car and on due search they found the petitioner was in illegal possession of 60 kgs of ganja and the same was seized by the respondent police. 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 and he has not committed any such offence as alleged by the prosecution. He

further submits that the petitioner filed the bail application before the learned Special Judge, II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai in Crl.MP.No.5883 of 2022 and the same was dismissed on 06.12.2022. He further submits that the petitioner is in custody from 06.02.2022. 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 possession of 60 kgs of ganja, which is a commercial quantity. He also stated that there are two accused and the petitioner herein is arrayed as A2. He further submits that the petitioner used to purchase the contraband from other States and tried to sell the same in Tamil Nadu. He further submits that the investigation was completed and the charge sheet has also been filed in CC.No.154 of 2022 dated 07.07.2022. He further submits 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 four months from the date of receipt of a copy of this order.

08.02.2023 drl T.V.THAMILSELVI, J.

drl 08.02.2023