Bijaya Kumar Nayak v. The Inspector Of Police

Crl.O.P.No.6720 of 2023 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 08.10.2022 for the offences punishable under Sections 8(c), 20(b)(ii)(c) of Narcotic Drugs and Psychotorpic Substances Act, 1985 read with Section 6, 24(1) of Cigarette and other Tobacco Products Act, 2003 read with Section 328 of IPC in Crime No.113 of 2022 on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 08.10.2022, the petitioner is found with illegal possession of 40 kgs Ganga. Hence the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against him. He further submitted this Court dismissed the earlier petition in Crl.O.P.No.31314 of 2022, on 12.01.2023. He also submitted that he will abide by any condition that may be imposed by this Court and he has been suffering incarceration from 08.10.2022. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.side) for the respondent police submitted that on 08.10.2022, the petitioner is found with illegal possession of 40 kgs Ganga which is commercial quantity and the investigation was completed and the charge sheet has been filed in C.C.No.16 of 2023 and the case is posted for framing of charges before the trial Court. Hence, he opposed for grant of bail to the petitioner. 5.Considering the facts and circumstances of the case, gravity of offence and the contraband seized from the petitioner comes under commercial quantity, this Court is not inclined to grant bail to the petitioner.

6. Hence, this Criminal Original Petition stands dismissed. The trial Court is directed to complete the trial and dispose of the case within a period of five months from the date of receipt of a copy of this order. 28.03.2023 rri

T.V.THAMILSELVI, J.

rri 28.03.2023