Mehul Bafna v. The Intelligence Officer,

T.V.THAMILSELVI,J.

The petitioners, who were arrested and remanded to judicial custody for the offences punishable under Sections 8(c) r/w 22(C) (28, 29 of NDPS Act, 1985 and the same is pending trial in C.C.105 of 2020 on the file of the learned Principal Special Judge, Special Court under EC and NDPS) Act, Chennai 600 104 seek bail.

2.There are totally five accused involved in this case and these petitioners are arrayed as A1 and A2. The case of the prosecution is that the petitioners along with other accused were found in illegal possession of 1.83 grams of Lysergic acid diethylamide. Hence, the complaint. 3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the petitioners have been in jail for more than three years. Hence, he prays for grant of bail to the petitioners.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that in the earlier occasion, A1 has filed bail petition before this Court and the same was dismissed on 22.06.2021 in Crl.O.P.No.7347 of 2021 and A2 has filed 1st bail petition in Crl.O.P.No.2747 of 2021 was dismissed by this Court on 07.04.2021, the 2nd bail petition in Crl.O.P.No.12789 of 2021 was dismissed by this Court on 26.07.2021. He would submit that the investigation has been completed and final report also filed and the same has been taken cognizance in C.C.No.105 of 2020 on the file of the learned Principal Special Court for EC Act Cases, Chennai. He would submit that the petitioners along with other accused were found in possession of 1.83 grams of Lysergic acid diethylamide, which is a commercial quantity. Hence, he vehemently prayed for grant of bail to the petitioners.

5. Taking into account the nature offence and the fact that the contraband involved in this case is a commercial quantity, this Court is not inclined to grant bail to the petitioners.

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6. However, direction is given to the learned Trial Judge to complete the trial as expeditiously as possible, preferably within a period of six months from the date of receipt of copy of this order and the petitioners are also directed to co-operate for the trial proceedings.

7. With the above observation, this Criminal Original Petition stands dismissed.

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T.V.THAMILSELVI,J.

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