H.Mohamed Azarudeen v. The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 01.11.2022 for the alleged offence under Sections 8(c), 22(C) of NDPS Act in Crime No.54 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 01.11.2022, based on a secret information, the respondent police along with his team went to Subway Service Road, Rajaji Road, Chennai and intercepted the petitioner and on search, they found the petitioner in possession and selling of ice @ Methamphetamine and seized the same. Hence, the complaint.

3. The learned counsel for the petitioner submitted that this is the second petition seeking for bail. He would submit that he has not at all committed any offence as alleged by the respondent police and he is no way connected with the occurrence. He would further submit that the petitioner has been suffering incarceration for more than 8 months from 01.11.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner was found in possession and selling of ice @ methamphetamine, which is a commercial quantity. He would submit that now the investigation is completed and the trial is yet to be commenced. He would submit that if he is released on bail, he would tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances and on considering the submissions of both sides, the petitioner was found in possession and selling of Ice @ Methamphetamine, which is a commercial quantity and also considering gravity of offence committed by the petitioner and the trial is yet to be commenced and also considering the fact that if he is released on bail, there is possibility of tampering the witnesses and hampering the investigation and the fact that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

03.08.2023 rpp

T.V.THAMILSELVI, J.

rpp 03.08.2023