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Madras High CourtCRL OP/7521/2023dismissed

Mehul Bafna @ Mehul Kumar v. State By

2023-04-27Honourable Mr Justice M.Dhandapani3 pages

M.DHANDAPANI,J.

The petitioner who was arrested on 15.03.2020 for the offence under Section 8(c) r/w 22(c), 28, 29 of the NDPS Act, 1985 in C.C.No.105 of 2020 on the file of the learned Principal Special Judge, Special Court under EC and NDPS Act, Chennai, seeks bail. 2.The case of the prosecution is that A2 met A1/ petitioner in a designated spot at about 8.30 p.m., on 14.03.2020 and handed over a cover containing Lysergic Acid Diethylamide (LSD Stamps) to A1 and when the officials of Narcotics wing intercepted, A2 escaped from the scene of occurrence and A1 was arrested.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution.

4.The learned Special Public Prosecutor (NCB Cases) submitted that earlier, the petitioner was granted interim bail by the trial Court vide order dated 07.05.2020 in Covid Bail Petition No.68 of 2020 and 1/3

the trial Court made it clear that as and when the Courts open regularly after lifting of lockdown, the petitioner shall surrender before the concerned Court and file necessary regular bail application. Thereafter, the respondent filed Crl.O.P.No.7488 of 2020, before this Court seeking to cancel the interim bail, however, the same was dismissed by this Court. He further submitted that the bail petition filed by the petitioner, after lifting of lockdown has been negated by the Special Court. Thereafter, the petitioner approached this Court by filing Crl.O.P.Nos.7347 of 2021 and 2555 of 2023 and this Court dismissed the said petitions.

5.Considering the offence committed by the accused and since there is no change in circumstances subsequent to the order passed in Crl.O.P.Nos.7347 of 2021 and 2555 of 2023, I am not inclined to grant bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. 27.04.2023 pri 2/3

M.DHANDAPANI,J.

pri 27.04.2023 3/3