Nazeer v. The Inspector Of Police

T.V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 29.01.2021 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) of NDPS Act, in Crime No.5 of 2021 on file of the respondent police, seek bail.

2. The case of the prosecution is that on 29.01.2021, on receipt of the secret information, the respondent and his team went to the scene of occurrence, wherein, they found that the accused was in illegal possession of 40 Kilograms of Ganja in the Central Railway Station, Chennai. 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. He further submitted that the petitioner is no way connected with the alleged offence and he is ready to abide by any stringent conditions that may be imposed by this Court. He also stated that the petitioner is in custody from 29.01.2021 and therefore, he prays for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner was found to be in illegal possession of 40 Kilograms of Ganja. He also submitted that the seized contraband is a commercial quantity and also stated that the charge sheet has been filed and the case has also been taken up on the file in C.C.No.173 of 2021. He also stated that if the petitioner is released on bail, there is every possibility of the petitioner to abscond and it would be difficult for the respondent to secure him. 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) for the respondent and perused the entire materials available on record.

6. Taking into consideration the facts and circumstances of the case , the submissions made by the learned Government Advocate (Crl.Side) and also considering the fact that the alleged contraband is a commercial quantity, this

Court finds that this case needs detailed investigation and the petitioner is not entitled for grant of bail. Therefore, 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, preferably within a period of three months from the date of receipt of a copy of this order.

30.01.2023 ham

T.V.THAMILSELVI,J.

ham 30.01.2023