Jadayan @ Sadaiyan v. The State Rep By

Crl.O.P.No.14871 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 05.12.2022 in Crime No.32 of 2022, registered for the alleged offences punishable under Section 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act, seeks bail.

2. Learned counsel appearing for the petitioner submitted that this is the sixth petition seeking for bail and he is in judicial custody for more than 1 1⁄2 years, but there is no progress in the trial. He further submitted that the co-accused has been released on bail and there was no recovery from him, based on the confession of the arrested accused/A1 & A2, this petitioner was arrested. He further submitted that the petitioner 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. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally three accused in this case and the petitioner herein is ranked as A3. He further submitted the petitioner along with other accused was found to be in illegal possession of 200 kgs of ganja, which is a commercial quantity. He further submitted that as per the instruction of A3 only, A1 and A2 committed https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

drl conspiracy and purchased the contraband from Andhra Pradesh and transported illegally for their personal gain. He further submitted that he has one previous case, similar in nature, was pending against him. He further submitted that now the case is posted on 10.07.2024 for examination of LW.1 and LW.2. He further submitted that the investigation is also completed and if the petitioner is released on bail, he would tamper the witnesses and hamper the investigation. Hence, he opposed for the grant of bail to the petitioner.

4. Taking into consideration the facts and circumstances of the case and also taking note of the quantity of the contraband which is a commercial quantity and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition stands dismissed. However, the trial Judge is directed to complete the trial as expeditiously as possible, preferable within a period of three months, finally from the date of receipt of a copy of this order. 03.07.2024 drl Crl.O.P.No.14871 of 2024 https://www.mhc.tn.gov.in/judis