V.Durga Giri Saiprasanth v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 26.03.2021, for the offences punishable under Sections 8(c), r/w 20(b)(ii)(c), 25 & 29(1) of the Narcotic Drugs and Psychotropic Act, 1985, in Crime No.13 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 26.03.2021, on receiving a secret information about the illegal transport of Narcotic substances, the respondent Police conducted a vehicle check up, wherein the accused 1 & 2 were found to be in possession of 150 kilograms of Ganja. Hence the case.

3. Learned counsel appearing for the petitioner submitted that this is the second bail application for the petitioner before this Court and the petitioner withdrawn the earlier order in Crl.O.P.No.24239 of 2023 by an order dated 23.11.2023. He further submitted that the first

petitioner engaged as an acting driver to drive a vehicle and he was not aware that ganja was loaded in the vehicle. He further submitted that the petitioner is no way connected with the alleged offence, therefore, he prays for grant of bail to the petitioner.

4. The respondent has filed a detailed counter.

5. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that this is the second bail application of this petitioner before this Court. He further submitted that the petitioner along with the second accused were found to be in illegal possession of 150 kilograms of Ganja, which is a commercial quantity Hence, he vehemently opposed to grant bail to the petitioner.

6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

7. Taking into consideration the facts and circumstances of the

case and the submission made by the learned counsel and considering the gravity of the offence and also taking note of the fact that the alleged contraband is a commercial quantity, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Original Petition stands dismissed. However, the trial Court is directed to complete the trial as expeditiously as possible.

13.06.2024 drl

T.V.THAMILSELVI, J.

drl 13.06.2024