Madras High CourtCRL OP/9616/2021dismissed

S.Elayaraja v. State Rep. By

2021-06-02Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2021

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.9616 of 2021 S.Elayaraja ... Petitioner Vs.

The State represented by The Inspector of Police, NIBCID Police Station, Coimbatore Crime No.17 of 2020 ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.17 of 2020 in C.C.No.41 of 2020 pending trial before the Additional District Judge for EC & NDPS Act, Coimbatore.

For Petitioner : Mr.J.C.Durairaj for Mr.A.Kalaiazhagan For Respondent : Mr.E.Raj Thilak appearing for Government of Tamil Nadu (Crl side)

ORDER

The petitioner, who was arrested on 30.01.2020, remanded to judicial custody for the offences punishable, under Sections 8(C) r/w 20(b)(ii)(C) of NDPS Act, in Cr.No.17 of 2020, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 22 kgms of ganja. Hence complaint was registered against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail more than 479 days. Therefore, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that the matter is pending for trial. He strongly opposed the petition for grant of bail to the petitioner.

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5. Having regard to the nature of allegations and considering the fact that the contraband is of commercial quantity, this Court is not inclined to grant bail to the petitioner. Accordingly, this petition is dismissed. However, considering the fact that the petitioner is in judicial custody for more than 479 days, this Court is inclined to direct the Trial Court to complete the trial, expeditiously. Accordingly, Trial Court is directed to complete the trial, as expeditiously as possible, preferably, within a period of four months, from the date on which the lock down is lifted, normalcy is restored.

-sd/- 02/06/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE ADDITIONAL DISTRICT JUDGE, EC & NDPS ACT, COIMBATORE.

2 THE INSPECTOR OF POLICE, NIBCID POLICE STATION, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

CC to M/S.A.KALAIAZHAGAN Advocate on payment of necessary charges CRL OP.9616/2021 Date :02/06/2021 MN-30/06/2021 https://hcservices.ecourts.gov.in/hcservices/