Sivasankaran @ Bittu v. State Rep.By Its,
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 11.11.2022 for the offences punishable under Sections 8(c), 22(c), 29(1) of NDPS Act, 1985 in Crime No.328 of 2022, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on receiving a secret information, respondent Police along with his team went to the scene of occurrence, at that time, the petitioner along with other accused were found in their position of 8 numbers of LSD Stamps quantity about 130 mg without any valid license for the purpose of selling high price. Hence the complaint.
3. Learned counsel for the petitioner submitted that the LSD Stamps were seized by the respondent police and hence he is no way connected with the case and he has not committed any offence as alleged
by the prosecution. He further submits that the petitioner is in custody from 11.11.2022. Hence, he prays to grant bail to the petitioner.
4. Learned Government Advocate (Crl.Side) submitted that the petitioner along with other accused were found in illegal possession of 8 numbers of LSD Stamps quantity about 130 mgs, which is a commercial quantity. He further submits that the petitioner has one previous case is pending against him. He also stated that the investigation has not been completed. 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