Periyakaruppan v. The Inspector Of Police

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 27.09.2021, for the offence punishable under Sections 8(c) r/w 20(b)(ii)(C) and 29(1) of NDPS Act, in C.C.No.158 of 2022 on the file of the I Additional Special Court for NDPS Act cases, Chennai, seeks bail.

2. The case of the prosecution is that on 27.09.2021 at about 09.30 hours, when the Inspector of Police was in station duty, at that time, the respondent Police received a secret information about the illegal transportation of narcotic substances. After receiving the information, the Inspector of Police along with his team went to the scene of occurrence ie., Maduravoyil Bypass Road, I-turn, headed towards Puzhal at Odama Nagar Bridge, and conducted a vehicle check up, at that time, A1 and A2 had come in a Maruti Alto Car bearing Registration No.AP 35 G 4361 with possession of 186 kgs of dry ganja, which is a commercial quantity. Further, the respondent Police arrested the accused and seized the contraband. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was arrested on 27.09.2021 and he is in custody almost 1 1⁄2 years. He would also submit that taking into consideration the long period of incarceration, the petitioner may be granted bail by this Court.

4. The learned Government Advocate (crl.side) appearing for the respondent Police would submit that is is a case where the petitioner along with another accused was found in possession of 186 kgs of dry ganja, which is a commercial quantity. He would further submit that the trial has commenced and four witnesses have been examined sofar and remaining witnesses have to be examined and the case now stands posted to 22.06.2023. Thereby, he prayed for dismissal of the petition. 5.At this juncture, the learned counsel for the petitioner would submit that the petitioner is in custody from 27.09.2021 and thereby, a direction

may be issued to the learned trial Judge to complete the trial and deliver the judgment as early as possible.

6.Heard the learned counsel for the petitioner as well as the learned Government Advocate (crl.side) and perused the entire materials available on record.

7. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side and also considering the long period of incarceration, this Court while dismissing the bail petition directs the learned trial Judge to complete the trial and deliver the judgment within a period 4 weeks from the date of receipt of copy of this order.

8.With the above direction, this Criminal Original Petition is dismissed.

15.06.2023 vkr

A.D.JAGADISH CHANDIRA , J.

vkr 15.06.2023