Balaji v. The State Rep.By

T.V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 16.12.2020 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25, 29(I) of NDPS Act, in Crime No.1616 of 2020 on file of the respondent police, seeks bail.

2. The case of the prosecution is that on receipt of the secret information, the respondent and his team conducted a vehicle check up, during which, they found that the petitioner and other accused persons were in illegal possession of 148 Kilograms of Ganja. Hence the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is no way connected with the alleged offence and he is ready to abide by any stringent conditions that may be imposed by this Court. He also stated that the petitioner is in custody from 16.12.2020 and therefore, he prays for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner along with the other accused persons were found in illegal possession of 148 Kilograms of Ganja. There are totally five accused involved in this case and the petitioner is ranked at A5. He further submitted as far as this petitioner is concerned about 148 kilograms of Ganja, was recovered from him, which is a commercial quantity. He also submitted that the charge sheet has been filed and the case has also been taken up on the file of the learned II Additional Special Court for NDPS Act Cases in C.C.No.190 of 2021, and the trial is begin. PW1 was examined and the case is posted for cross-examination. There are totally 7 witnesses in this case. He also stated that if the petitioner is released on bail at this stage, there is every possibility of the petitioner to abscond. Therefore, he vehemently opposed to grant bail to the petitioner.

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

6. Taking into consideration the facts and circumstances of the case and also taking note of the quantity of the contraband which is a commercial quantity, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. However, the learned trial Judge is directed to complete the trial as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order.

19.04.2023 rri

T.V.THAMILSELVI,J.

rri 19.04.2023