Ashwin Kumar @ Ashwin v. The Inspector Of Police

Crl.O.P.No.9519 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 30.04.2023 in Crime No.206 of 2023 registered for the alleged offences punishable under Sections 8(c), 20(b)(ii)(B), 22(c) & 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985, seeks bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that even as per the prosecution the alleged contraband of 53 grams of Methamphetamine was recovered only from the first accused and 500 grams of Ganja was only recovered from the petitioner herein, which is a small quantity. He further submitted that the investigation in this case has also been completed, whereas, the petitioner are in custody from 30.04.2023. He also submitted that coaccused have been released on bail by this Court and further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

3. The respondent has filed a detailed counter. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police raised objection stating that the accused were found to be in possession of 53 grams of Methamphetamine, which is a commercial quantity and 500 grams of Ganja. He further submitted that the accused had brought contrabands from the Nigerians, who are residing at Bangalore and sell the same to the youngsters in and around Coimbatore for their personal gain. He also submitted that there are nine accused in this case and the petitioner herein is arrayed as A2 and the investigation in this case has been completed and the case has been taken up for trial in C.C.No.97 of 2023 on the file of the Special Court under EC & NDPS Act, Coimbatore. He further submitted that 12 previous cases including one NDPS Act case are pending against the petitioner. He also submitted that if the petitioner is released on bail at this stage, there may be a possibility of him absconding and would derail the progress of trial.

5. Taking into consideration the facts and circumstances of the case and the submission made by the learned counsel on either side and taking note of the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. 25.04.2024 ham Crl.O.P.No.9519 of 2024 https://www.mhc.tn.gov.in/judis