Thamilarasan v. The State Rep By Its,

T.V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 20.08.2022 for the alleged offence under Sections 8(c) r/w 22(c), 29(1) of Narcotic Drugs and Psychotropic Act, 1985, in Crime No.344 of 2022, seeks bail.

2. The case of the prosecution is that the accused were found in illegal possession of 25 MDMA tablets, which contains 12.8 grams. Hence, the case.

3. Learned counsel for the petitioner submitted that this is the fourth bail application of this petitioner before this Court and this Court, had dismissed the earlier bail applications. He further submitted that though, this Court while dismissing the bail application in Crl.O.P.No.31374 of 2022 vide order dated 22.12.2022 had issued a direction, to complete the trial, whereas, the petitioner has not been served with the copies, till date. He also submitted

that the petitioner was unnecessarily implicated in this case and he is in custody from 10.04.2022. He further submitted that the petitioner 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. The respondent has filed a detailed counter.

5. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the alleged contraband, which is a commercial quantity, was recovered only from this petitioner. He also submitted that the case has been taken on file in C.C.No.333 of 2022 pending before the learned I Additional Special Judge for NDPS Act Cases, Chennai. He further submitted that 6 previous cases including one NDPS case are pending as against the petitioner and he prays for dismissal of the petition stating that there is no change of circumstances. Hence, he vehemently opposed to grant bail to the petitioner.

6. 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 including the counter filed by the respondent Police.

7. Taking into consideration the facts and circumstances of the case, the submissions made by the learned Government Advocate (Crl.Side) and also considering that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Original Petition stands dismissed, however, the learned trial Judge is directed to dispose the case in C.C.No.333 of 2022 as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order. 28.02.2023 ham

T.V.THAMILSELVI,J.

ham 28.02.2023