Mangaraju v. Inspector Of Police

T.V.THAMILSELVI, J.

This Petition has been filed by the petitioner/accused, who was arrested and remanded to judicial custody on 03.01.2022, seeking bail in C.C.No.110 of 2022 pending trial on the file of the I Additional Special Court for NDPS Act Cases, Chennai, in connection with Crime No.9 of 2022 registered for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 @ Section 8(c) r/w 20(b)(ii)(C), 29(i) of NDPS Act.

2. Learned counsel appearing for the petitioner submitted that this is the fourth application for bail filed by the petitioner and the earlier bail applications in Crl.O.P.Nos.7184, 20599 of 2023 & 5329 of 2024 were dismissed by this Court vide orders dated 31.03.2023, 09.02.2024 and 06.03.2024 respectively. He further submitted that the petitioner has been falsely implicated in this case and suffering incarceration from 03.01.2022. He also submitted that the co-accused in this case has been enlarged on bail and the petitioner is also ready to abide by any stringent conditions that may be imposed by this Court. Hence, he sought for bail.

3. The respondent has filed a detailed counter.

4. Learned Government Advocate (Criminal Side) appearing for the 1/4

respondent police submitted that the petitioner, who hails from the State of Andhra Pradesh, along with other accused were found to be in illegal possession of 96 kilograms of Ganja, which is a commercial quantity and out of which, 26 kilograms were recovered from the petitioner herein. He further submitted that the case was taken up for trial in C.C.No.110 of 2022 on the file of the I Additional Special Court for NDPS Act Cases, Chennai and the case now stands posted for examination of Investigating Officer, therefore, if the petitioner is released on bail at this stage, there is every possibility of him absconding and not available for trial proceedings. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the counter filed by the respondent.

6. Taking into consideration the facts and the submissions made by the learned Government Advocate (Criminal Side) and taking note of the fact that the alleged contraband recovered from the petitioner is a commercial quantity and also considering that the case is at the fag end of trial, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed. However, 2/4

the learned trial Judge is directed to complete the trial as early as possible, preferably, within a period of three months from the date of receipt of a copy of this order, without giving any unnecessary adjournments. 11.07.2024 ham 3/4

T.V.THAMILSELVI, J.

ham 11.07.2024 4/4