Sathish v. The State Rep. By

T.V.THAMILSELVI, J.

This Petition has been filed by the petitioner/A1, who was arrested and remanded to judicial custody on 20.03.2020, seeking bail in C.C.No.110 of 2020 pending trial on the file of the II Additional Special Court under EC & NDPS Act Cases, Chennai, in connection with Crime No.22 of 2020 registered for the alleged offences punishable under Sections 8(c), 20(b)(ii)(C) & 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Learned counsel appearing for the petitioner submitted that this is the seventh application for bail filed by the petitioner. He further submitted that the petitioner has been falsely implicated in this case and suffering incarceration for more than four years i.e.,from 20.03.2020. He also submitted that the co-accused in this case has been enlarged on bail and the petitioner is also ready to abide by any stringent conditions that may be imposed by this Court. He further submitted that the case is of the year 2020, however, there is no progress in the trial, hence, he sought for bail.

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3. The respondent has filed a detailed counter.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner/A1 along with another accused was found to be in illegal possession of 23 kilograms of Ganja, which is a commercial quantity. He further submitted that the case was taken up for trial in C.C.No.110 of 2020 on the file of the II Additional Special Court under EC & NDPS Act Cases, Chennai and the delay in trial is not on the part of the respondent and the case now stands posted for examination of Investigating Officer, therefore, if the petitioner is released on bail at this stage, there is every possibility of him absconding and not available for trial proceedings. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the counter filed by the respondent.

6. Taking into consideration the facts and the submissions made by the learned Government Advocate (Criminal Side) and taking note of the fact that the alleged contraband recovered from the petitioner is a commercial quantity and he 2/4

has not satisfied the twin conditions required under Section 37 of NDPS Act and also considering that the case is at the fag end of trial, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed. However, the learned trial Judge is directed to complete the trial as early as possible, preferably, within a period of two months from today. 23.07.2024 ham 3/4

T.V.THAMILSELVI, J.

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