A.Abinesh v. The State Rep By

Crl.O.P.No.19191 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 10.04.2022, in Crime No.19 of 2022 on the file of the respondent police, registered for the alleged offence punishable under Sections 8(c) r/w 20(b)(ii)(C), 25, 29(i) of NDPS Act, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 100 Kgs of Ganja leaves and seeds. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, as if the petitioner along with other accused was found in illegal possession of 100 Kgs of Ganja leaves and seeds. He further submitted that the petitioner is no way connected with the alleged offence as alleged by the prosecution. He further submitted that the petitioner is suffering incarceration from 10.04.2022 and he is ready to abide any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police raised objection for granting bail to the petitioner stating that there are totally five accused in this case and the petitioner is ranked as A1. He further submitted that the petitioner along with other accused was found to be in illegal possession of 100 Kgs of Ganja leaves and seeds, which is a commercial quantity. Hence, he vehemently opposed for the grant of bail to the petitioner.

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

6. Taking into consideration the facts and circumstances of the case and the submission made by the learned counsel on either side and also considering the fact that the contraband seized from the petitioner, which is commercial quantity, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. However, the Trial Court is directed to complete the trial as expeditiously as possible.

14.08.2024 nsl

T.V.THAMILSELVI, J.

nsl Crl.O.P.No.19191 of 2024 14.08.2024