Abdhul Rahman v. The State Rep By

Crl.O.P.No.16546 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 27.02.2023, in Crime No.84 of 2023 on the file of the respondent police, registered for the alleged offence punishable under Section 8(c), 20(b)(ii)(c), 25, 29(1) of the Narcotics Drugs and Psychotropic Substances Act, 1985, seek bail.

2. Learned counsel appearing for the petitioner submitted that this is the fifth bail petition and the earlier petitions are dismissed by this Court. He further submitted that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that they were falsely implicated as if, the petitioner conspired with other accused in illegal possession of contraband. He further submitted that the petitioner is suffering incarceration from 27.02.2023 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally 4 accused in this case and the petitioner herein is ranked as A2. He further submitted that the petitioner along with other accused was found to be in joint possession of T.V.THAMILSELVI, J.

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drl 205 kgs of ganja, which is a commercial quantity. During investigation, it was revealed that the accused persons brought the above contraband from Andhra Pradesh and selling it in Chennai for their personal gain. He further submitted that on seeing the police, A1 and A2 was absconded. A1 and A2 were arrested. He further submitted that the case was posted for trial on 16.07.2024, for the appearance of the accused. He further submitted that the investigation in this case is still pending and he has one previous case, similar in nature. However, he vehemently 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 seized contraband is of commercial quantity, and there is no change in circumstances, and at this stage, if the petitioners are released on bail, the trial of the case will be stalled, therefore, this Court is not inclined to grant bail to the petitioners.

5. Accordingly, this Criminal Original Petition stands dismissed. 24.07.2024 drl Crl.O.P.No.16546 of 2024 https://www.mhc.tn.gov.in/judis