Sahayam v. State Rep By

A.D.JAGADISH CHANDIRA , J.

The petitioner (A2) who was arrested and remanded to judicial custody on 11.03.2023 in C.C.No.624 of 2023 pending trial on the file of the learned II Additional Special Judge for EC & NDPS Act Cases, Chennai, in connection with Crime No.6 of 2023 registered for the offences punishable under Sections 8(c) r/w 20(b) (ii) (C) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985, seeks bail.

2. The case of the prosecution is that on 11.03.2023, on receipt of a secret information regarding illegal sale of ganja, the respondent along with his team, had gone to the scene of occurrence i.e., nearby Orgadam Junction, Sriperumbudur to Chengalpattu Road, wherein, they found that the accused were in illegal possession of 22 kilograms of Ganja in their travel bags. The respondent had arrested the accused persons, seized the contraband under the cover of seizure mahazar and

obtained confession statements from them and registered a case in Crime No.6 of 2023. After completion of investigation, final report has been filed and the case has also been taken up for trial in C.C.No.624 of 2023, on the file of the learned II Additional Special Judge, Special Court for EC & NDPS Act Cases, Chennai.

3. When the matter is taken up today for hearing, the learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that this is the fifth application for bail filed by the petitioner and this Court, while dismissing the earlier bail application in Crl.O.P.No.953 of 2023 vide order dated 12.01.2024, had directed the trial Court to complete the trial in C.C.No.624 of 2023 on or before 30.04.2024. Thereby, one more month time is available and he also submitted that there are five witnesses in this case and the case now stands posted for examination of LW1 on 01.04.2024 and the respondent would be able to complete the trial within the time specified by this Court. He also submitted that if bail is granted to the petitioner at this stage, there is every possibility of the petitioner absconding and derail

the progress of trial. Hence, he vehemently opposed for grant of bail to the petitioner.

4. A perusal of records shows that this Court, while dismissing the earlier bail application on 12.01.2024, had directed the trial Court to strictly comply with the condition imposed by this Court on 25.08.2023 and to complete the trial in C.C.No.624 of 2023 on or before 30.04.2024. Taking into consideration the facts and the submissions made by the learned Government Advocate (Criminal Side), this Court is not inclined to grant bail to the petitioner at this stage.

5. Accordingly, the Criminal Original Petition stands dismissed. However, the petitioner is at liberty to file a fresh bail application after 30.04.2024.

25.03.2024 ham

A.D.JAGADISH CHANDIRA , J.

ham 25.03.2024