Madiyazhagan v. The Union Of India Rep By

Crl.O.P.No.10781 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 09.01.2022 in C.C.No.524 of 2022, for the offences punishable under Section 8(c) read with Section 20(b)(ii)(C), 27A 28 and 29 of the NDPS Act on the file of the Principal Special Court under EC & NDPS Act, Chennai, 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 as if he along with other accused were in illegal possession of 369 kgs of ganja. He would submit that he is in jail from 09.01.2022. Hence, he prayed to grant bail to the petitioner.

3. The learned Government Advocate (Crl. Side) opposed for granting bail to the petitioner stating that, petitioner along with other accused were involved in illegal transportation of ganja weighing 369 kgs from Andhra Pradesh to Trichy. He further submitted that, the contraband seized from the petitioner is a commercial quantity. He also submitted that, petitioner did not engage a counsel for the trial, due to which, there is no progress in the trial. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

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4. Considering the facts and circumstances of the case and the fact that the contraband seized from the petitioner is a commercial quantity and also that the petitioner is not cooperating with the trial and if he is released on bail, there is possibility of hampering the investigation and tampering the witnesses, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition stands dismissed. Petitioner is directed to engage an Advocate from the Legal Service Authority for conduct of the trial.

27.06.2024 Crl.O.P.No.10781 of 2024 https://www.mhc.tn.gov.in/judis