Latha v. Inspector Of Police

T.V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 25.03.2022 for the offences punishable under Sections 22(c) of Narcotic Drugs and Psychotropic Act, 1985, in Crime No.257 of 2022 on file of the respondent police, seeks bail.

2. The case of the prosecution is that on 25.03.2022, 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 650 grams of Diazepam drug. The respondent arrested the accused and seized the contraband under cover of seizure mahazar. Hence the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and this is her second bail application before this Court. He further submitted that earlier this Court had dismissed the bail application filed by this petitioner in Crl.O.P.No.32117 of 2022 dated 06.01.2023 with a direction to file the final report within a period of two months from the date of receipt of a copy of that order. He further submitted that the petitioner is in

custody from 25.03.2022 and she is ready to abide by any stringent conditions that may be imposed by this Court. 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 650 grams of Diazepam drug, which is a commercial quantity. He further submitted that this is the second bail application of this petitioner and based on the direction issued by this Court in Crl.O.P.No.32117 of 2022 dated 06.01.2023, the respondent Police has completed the investigation and filed the final report, which has also been taken up on the file of the learned Principal Sessions Judge, Special EC & NDPS Court in C.C.No.43 of 2023. He also stated that the case is posted on 30.03.2023 for issuance of fresh summon. He also submitted that four previous cases of similar nature is pending as against the petitioner, 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) that the investigation has been completed and the case has also been taken up on file in C.C.No.43 of 2023, 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.

14.02.2023 ham

T.V.THAMILSELVI,J.

ham 14.02.2023