Ajmal v. Inspector Of Police

Crl.O.P.No.3066 of 2023 Crl.O.P.No.3066 of 2023 T.V.THAMILSELVI, J.

The petitioner who was arrested and remanded to judicial custody on 21.05.2022 for the offences punishable under Sections 8(c) read with Section 21 (c) of Narcotic Drugs and Psychotropic Substances Act 1985 in Crime No.44 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 14.05.2022 based on a secret information, the respondent police found that the petitioner transporting drugs viz., 100 grams of MDMA tablets for sales and the same was seized from the accused. Hence, a case in Crime No.44 of 2022 has been registered and the petitioner was remanded to judicial custody on 21.05.2022.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he is working as acting driver, he has been falsely roped in this case. He would submit that the petitioner is in custody for more than 226 days. Hence, he prays to grant bail to the petitioner.

4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent would submit that the quantum of contraband involved in this case is a commercial quantity and the petitioner is native resident of Kerala 1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.3066 of 2023 T.V.THAMILSELVI, J.

gbi and that they have been involving in the business of supplying drugs to the college students. He would further submit that since the quantity of contraband involved in this case is a commercial quantity, Section 37 of NDPS Act will be attracted. Hence, he vehemently opposed for the grant of bail to the petitioner.

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 petitioner. However, direction is given to the learned Trial Judge to complete the trial within a period of four months from the date of receipt of a copy of this order.

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

21.02.2022 Internet : Yes/No gbi Crl.O.P.No.3066 of 2023 2/2 https://www.mhc.tn.gov.in/judis