Chandra Kanhar v. The State Rep By Its,

T.V.THAMILSELVI,J.

The petitioners, who were arrested and remanded to judicial custody on 24.01.2022 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, in Crime No.5 of 2022 on file of the respondent police, seek bail.

2. The case of the prosecution is that on 24.01.2022, on receipt of the secret information, the respondent and his team went to the scene of occurrence, wherein, the accused were found to be in illegal possession of 10.700 Kilograms of Ganja. The respondent has arrested the accused and seized the contraband under cover of seizure mahazar. Hence the case.

3. Learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are no way connected with the alleged offence and they are ready to abide by any stringent conditions that may be

imposed by this Court. He also stated that the petitioners are in custody from 24.01.2022 and therefore, he prays for grant of bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioners along with other accused was found to be in illegal possession of 10.700 Kilograms of Ganja. He also submitted that investigation has been completed and the case has also been taken up on the file of the learned Special Judge for EC/NDPS Act Cases, Salem in Spl.C.C.No.64 of 2022. He also stated that though there is no previous case pending against these petitioners, they belongs to the State of Odisha, therefore, if the petitioners are released on bail, there is every possibility of the petitioners to abscond and it would be difficult for the respondent to secure them. Hence, he vehemently opposed to grant bail to the petitioners.

5. Heard the learned counsel for the petitioners 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 and the submissions made by the learned Government Advocate (Crl.Side), this Court finds that this case needs detailed investigation and the petitioners are not entitled for grant of bail. Therefore, this Court is not inclined to grant bail to the petitioners.

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 two months from the date of receipt of a copy of this order.

30.01.2023 ham

T.V.THAMILSELVI,J.

ham 30.01.2023