Veerasivakumar v. State Rep.By

T.V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 12.09.2022 for the offences punishable under Sections 8(c), 20(b)(ii)(C) & 25 of NDPS Act, in Crime No.331 of 2022 on file of the respondent police, seeks bail.

2. The case of the prosecution is that on 29.03.2022, on receipt of the secret information, the respondent Police and his team went to the scene of occurrence and conducted a search over the rental house of the accused, wherein, they found that the petitioner and other accused persons were in illegal possession of 21 Kilograms of Ganja in their house. 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 also stated that the petitioner is in custody from 12.09.2022 and he is ready to abide by any stringent conditions that may be imposed by this Court. He also submitted that this is the third bail application filed by the petitioner before this Court and the earlier petitions in Crl.O.P.No.1767 of 2023 and

Crl.O.P.No.4177 of 2023 were dismissed on 30.01.2023 and 24.02.2023 respectively. He further submitted that a charge sheet has been filed before the learned Additional District and Special Court for trial, in C.c.No.24 of 2023. 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 were found to be in illegal possession of 21 Kilograms of Ganja in their rental home. He also submitted that the seized contraband is a commercial quantity. He also stated the petitioner is an habitual offender involving in the similar offences, therefore, if the petitioner is released on bail, there is every possibility of the petitioner to abscond and to involve in any other cases. 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, the submissions made by the learned Government Advocate (Crl.Side) and also considering the fact that the alleged contraband is a commercial quantity, this Court finds that this case needs detailed investigation and the petitioner is not entitled for grant of bail and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. The trial Court is directed to complete the trial and dispose of the case within a period of four months from the date of receipt of a copy of this order. 27.04.2023 rri

T.V.THAMILSELVI,J.

rri 27.04.2023