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Madras High CourtCRL OP/2250/2023dismissed

T. Dubash Shankar @ Shankar v. Union Of India,

2023-02-09Honourable Mrs Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 19.07.2021 for the offences punishable under Section 8(c), r/w 20(b)(ii)(B), 27 A, 28 and 29 NDPS Act in R.R.No.17 of 2021 on the file of the principal Special Court under NDPS Act, seeks bail.

2. The case of the prosecution is that the petitioner is the first accused and he was in illegal transportation of 327.870 kg of Marijuana(Ganja), a narcotic drug in a vehicle bearing Registration No. AP 05 TM 3837. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that he will abide by any condition that may be imposed by this Court. He would also submit that the petitioner has been suffering incarceration from 19.07.2021. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl.side) for the respondent police would submit that the petitioner along with other accused had illegally transported 327.870 kg of Marijuana(Ganja) from Andra Pradesh. He would further submit that the investigation is not yet completed and it is in preliminary stage, if the petitioner is granted bail at this stage, then there will be possibility of tampering the witnesses and hampering the investigation and Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the facts and circumstances of the case, the investigation is at crucial stage and the contraband involved in this case is a commercial quantity, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition stands dismissed. 09.02.2023 Jai/nti

T.V.THAMILSELVI, J.

jai/nti 09.02.2023