Mohammed Jaseem v. State Rep By

Crl.O.P.No.14896 of 2022 N.SATHISH KUMAR,J.

The petitioner, who was arrested and remanded to judicial custody on 02.04.2021 for the alleged offence punishable under Sections 8(c) read with 20(b)(ii)(c), 25 & 29(1) of NDPS Act, in Crime No.18 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner and another were caught red handed while they were transporting 21 Kgs. of Ganja in a two shoulder bags from Visakapattanam, Andhra State to Ernakulam, Kerala State.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed for grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submitted that the petitioner and another person were in possession of 21 Kgs. Of Ganja. He further submits that the prosecution side evidence is over and the matter is posted for questioning the accused under Section 313 of the Cr.P.C. and there are materials

in favour of the prosecution. Hence, he opposes the application.

5. Taking into consideration the allegations and also the fact that since the trial is already over, at this stage, granting bail particularly for the alleged offence under NDPS Act, will not arise at all, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

6. It is submitted by the learned counsel for the petitioner that the trial Court may be directed to complete the trial within the reasonable time as fixed by this Court.

7. In this regard, this Court directs the learned Special Judge, Special Court under NDPS Act, Coimbatore to expedite and deliver the judgment within a period of one month from the date of receipt of a copy of this order. 01.03.2023 rli

Copy to- The Additional District Judge, Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore.

N.SATHISH KUMAR ,J.

Rli Crl.O.P.No.14896 of 2022 01.03.2023