Askar v. Uniton Of India
Crl.O.P.No.13613 of 2024 T.V.THAMILSELVI, J.
The petitioner/A3, who was arrested and remanded to judicial custody on 16.07.2023, in R.R.No.21 of 2023 in NCB F.No.48/1/9/2023NCB/MDS, registered for the alleged offence punishable under Section 8(c) r/w 22(c), 23 (c), 24, 28 and 29 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 based on the coaccused person, the petitioner has been arrayed as an accused. He further submitted that the petitioner is suffering incarceration from 16.07.2023 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. Mr.N.P.Kumar, the learned Special Public Prosecutor appearing for the respondent police submitted that the petitioner along with other accused was found to be in illegal possession of 1.900 kgs of white colour crystalline substances, Methamphetamine Hydrochloride, which is a commercial quantity, and the said contraband was seized by the respondent. He further submitted that the investigation has been T.V.THAMILSELVI, J.
drl completed and the trial is going to commence, and at this stage, if the petitioner enlarged on bail, he may affect adversely the trial process. However, he opposed for the grant of bail to the petitioner.
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 hence, Section 37 of NDPS Act attracts, 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 dispose the case as expeditiously as possible, within a period of three months from the date of receipt of a copy of this order and the petitioner is directed to engage the counsel before the trial court and also co-operate with the trial proceedings.
05.07.2024 drl Crl.O.P.No.13613 of 2024
05.07.2024