Saibul Islam v. State Rep By

C.V.KARTHIKEYAN, J.

The petitioner seeks bail in Crime No.344 of 2022 registered by the respondent police for the offences punishable under Sections 8(c) r/w 20(b)(ii) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. The petitioner/A2 was arrested and remanded to judicial custody on 27.09.2022. It is stated that the respondent had arrested A1 and A2 on the same day. A1 was in possession of 10.500 kgs of ganja and this petitioner/A2 was in possession of 10.00 kgs of ganja.

3. The learned counsel for the petitioner pointed out that particular fact and stated that recovery from this petitioner was intermediate quantity. But, however the fact remains that both the petitioners were found standing together holding two separate bags. A1 was in possession of 10.500 kgs of ganja and this petitioner/A2 was in possession of 10.00 kgs of ganja. Both the petitioners are from Tripura. It is evident that both the accused were conscious about the possession of the other accused. Therefore, the total quantity would have to be taken into account which is commercial in nature.

4. The learned counsel for the petitioner stated that there is no progress though the final report had been filed. However, the learned Government Advocate (crl side) submitted that the next hearing was on 19.03.2024 before the II Additional Principal Special Judge for EC and NDPS, Chennai. But, the learned counsel for the petitioner stated that there was no Presiding Officer at the II Additional Principal Special Judge for EC and NDPS, Chennai.

5.In view of the fact that the quantity involved in this case is commercial in nature, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original petition stands dismissed.

06.03.2024 smn

C.V.KARTHIKEYAN, J.

smn 06.03.2024