Mohammed Zoha v. State Rep By
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 30.08.2022 for the offences punishable under Sections 8(c) and 22(c) of NDPS Act in Crime No.872 of 2022, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner was found in illegal possession of LSD Stamp - 50 nos. Hence the complaint. 3.Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the possession of 50 nos of LSD stamp which is a commercial quantity including papers, if the papers terminated, the drug comes under the smaller quantity. He also submitted that the investigation has been completed and he is ready to abide by any stringent condition that may be imposed by this Court. He also submitted
that the petitioner is in judicial custody from 30.08.2022 and hence, he prayed to grant bail to the petitioner.
4.Learned Government Advocate (Crl.Side) for the respondent submitted that the petitioner was found in illegal possession of LSD Stamp - 50 nos which comes under commercial quantity. He further submitted that there is no previous case pending against the petitioner. He also submitted that the investigation has been completed but awaiting for lab report. However, he opposed to grant bail to the petitioner. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.
6.Considering the facts and circumstances of the case and the submissions made by both counsel and also taking note of the fact that the contraband involved in this case comes under commercial quantity and the investigation has been completed, but only awaiting for lab report, this Court is not inclined to grant bail to the petitioner.
7.Accordingly, this Criminal Original Petition is dismissed. However, after filing of the final report, the learned Principal Special Judge, Principal Special Court under EC & NDPS Act cases, Chennai, is directed to complete the trial as expeditiously as possible. 01.03.2023 vkr
T.V.THAMILSELVI, J.
vkr 01.03.2023