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Madras High CourtCRL OP/3062/2023dismissed

D.Balu@Paratta Balu v. Inspector Of Police

2023-02-20Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 30.09.2022 for the offences punishable under Sections 9(A), 22(c) and 8(c) r/w 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.347 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on receiving a secret information, the respondent Police along with his team went to the scene of occurrence and they found the petitioner along with other accused was found in illegal possession of 50 grams of methaphetamine and 50 grams of Ganja. Hence the case.

3.Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has nothing to do with the alleged offence. He further submitted that he is ready to abide by any stringent

condition that may be imposed by this Court and he is in judicial custody from 30.09.2022. Hence, he prays to grant bail to the petitioner. 4.Learned Government Advocate (Crl.Side) submitted that the petitioner along with the other accused was found in illegal possession of 50 grams of methamphetamine and 50 grams of ganja, which comes under commericail quantity. He further submitted that from this petitioner only, the total contraband was recovered. He also submitted that there are five previous cases pending against the petitioner. Therefore, he vehemently opposed for grant of 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.Considering the facts and circumstances of the case and the submissions made by both counsel and the contraband involved in this case is commercial quantity and the previous bad antecedent of the petitioner, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. However, the learned trial Judge is directed to complete the trial as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

20.02.2023 vkr

T.V.THAMILSELVI, J.

vkr 20.02.2023