Mohamad Naushad Ali v. The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner/A1, who was arrested and remanded to judicial custody on 22.04.2022 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25, 29(1) of NDPS Act 1985 in Crime No.210 of 2022 on the file of the respondent police, seeks bail.

2. There are totally four accused involved in this case and the petitioner is arrayed as A1. 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 accused were in illegal possession of 25.437 kgs of Ganja and 1.045 kg of Ganja oil. The respondent has seized the contraband, arrested the accused and also registered a case against the accused. Hence the case.

3. The 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 case has been taken up on the file of

the learned NDPS Court Principal Sessions Court, Chennai in C.C.No.342 of 2022 dated 17.10.2022 and also stated that the case is still pending and the petitioner is in custody from 22.04.2022. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the petitioner along with the other accused were involved in illegal transportation of 25.437 kgs of Ganja and 1.045 kg of Ganja oil, which is a commercial quantity. He also stated that the charge sheet has been filed and the case is taken up on the file of the learned NDPS Court Principal Sessions Court, Chennai in C.C.No.342 of 2022 dated 17.10.2022. He also submitted that there are three previous cases relating to IPC pending against him and if the petitioner is granted bail at this stage, there is a possibility of tampering the evidence. Hence, he vehemently opposed to grant 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.Taking into consideration the facts and circumstances of the case and also taking note of the quantity of the contraband which is a commercial quantity and that the petitioner has got three previous cases, this Court is not inclined to grant bail to the petitioner. 7.Accordingly, this Criminal Original Petition stands dismissed. However, the learned trial Judge is directed to complete the trial as expeditiously as possible, preferable within a period of four months from the date of receipt of a copy of this order. 24.02.2023 gbi

T.V.THAMILSELVI, J.

gbi 24.02.2023