Saimon Debbarma v. The Inspector Of Police

Crl.O.P.No.10274 of 2024 T.V.THAMILSELVI, J.

The petitioner/A1, who was arrested and remanded to judicial custody on 11.07.2023, in Crime No.272 of 2023, registered for the alleged offence punishable under Section 8(c) r/w 20(b)(ii)(C) and 29(1) of NDPS Act, 1985 seeks bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that he was falsely implicated, as if he, along with other accused was found in illegal possession of 30 kgs of ganja. He further submitted that the co-accused was released on bail in Crl.OP.No.9230 of 2024 dated 17.04.2024. He further submitted that the petitioner is suffering incarceration from 11.07.2023 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.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally four accused in this

case and the petitioner herein is ranked as A1. He further submitted that the petitioner along with other accused was found to be in illegal possession of 30 kgs of ganja, which is a commercial quantity and the entire contraband was seized from this petitioner. He further submitted that the overtact of the petitioner is that, he colluded with other accused and purchased ganja from Andhra Pradesh and the same was sold for their personal gain. He further submitted that the investigation is completed and the charge has also been filed in CC.No.75 of 2024 on 03.02.2024 before the learned I Additional Special Court of cases under NDPS Act, Chennai. However, he opposed for the grant of bail to the petitioner.

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4. Considering the grave nature of offence and also considering the facts and circumstances of the case and also taking note of the fact that the contraband seized is a commercial quantity, and at this stage, if the petitioner is released on bail, there is a possibility of absconding and that he will tamper with the evidences and threaten the witnesses, which would create hardship for further investigation of this case, therefore, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition stands dismissed. However the trial court is directed to complete the trial as expeditiously as possible within a period of three months from the date of receipt of a copy of this order, since the accused is in custody for more than one year.

10.07.2024 drl

T.V.THAMILSELVI, J.

drl Crl.O.P.No.10274 of 2024 10.07.2024