Vishwa Alias Vimal v. State, Rep By.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Vishwa Alias Vimal Petitioner(s) Vs State, rep by.

The Inspector of Police, B7 Vellavedu Police Station, Avadi, Tiruvallur District.

Crime No.523 of 2024 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the Petitioner on bail pending trail connection with C.C.No.267 of 2025 on the file II Additional Special Court For Exclusive Trial of Cases Under EC and NDPS Act at Chennai and thus render justice.

For Petitioner(s):

Mr.A.Tamilselvan For Respondent(s):

M/s.L. Baskaran GA (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.10.2024, for the offence punishable under Sections 8(c) read with Sections 22(c) and 29(1) of NDPS Act in connection with Crime No.523 of 2024, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner was found to be in possession of 483 grams of Tramadol Hydro Chloride and Acetaminophen tablets, which is a commercial quantity. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case only for statistical purpose. He further submitted that the petitioner is under custody from 25.10.2024 and considering the period of incarceration, the petitioner may be released on bail.

4. Learned Government Advocate (Crl. Side) appearing for the

respondent police vehemently opposed for grant of bail to the petitioner by stating that this is the third bail application and earlier bail petition filed by the petitioner was dismissed on 10.02.2025 and there is no change in the circumstances to release the petitioner on bail. Learned counsel further submitted that the contraband seized is a commercial quantity which attracts Section 37 of the NDPS Act. It is also submitted that the petitioner has to satisfy the twin conditions contemplated under Section 37 of the NDPS Act. Learned counsel submitted that the investigation has been completed, charge sheet has been filed and the same has been taken on file as C.C.No.267 of 2025 on the file of the II Additional Court, Chennai and at this stage, if the petitioner is let out on bail, there is every possibility of absconding and hampering the trial.

5. Heard both sides and perused the records.

6. Considering the strong objection made by the learned Government Advocate (Crl. Side) and the petitioner was found to be in possession of 483 grams of tramadol hydro chloride ad acetaminophen tablets, which is a

commercial quantity and there is no change in circumstances, this Court is not inclined to grant the relief sought for by the petitioner.

7. In view of the above, this Criminal Original Petition stands dismissed. The Trial Court is hereby directed to expedite the trial and complete the same, as expeditiously as possible, preferably within a period of four months from the date of receipt of copy of this order. The petitioner is directed to cooperate for the trial.

16-06-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector of Police, B7, Vellavedu Police Station, Avadi, Tiruvallur District.

2. The II Additional Special Court for Exclusive Trial of Cases Under EC & NDPS Act at Chennai.

3. The Central Prison-II, Puzhal.

4. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

jai CRL OP No. 10683 of 16-06-2025