Ravikumar v. Home, Prohibition And Excise Department

Crl.O.P.No.16532 of 2024 T.V.THAMILSELVI , J.

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 06.01.2024, seeking bail in C.C.No.502 of 2024, pending trial on the file of the I Additional Special Court for EC and NDPS Act , Chennai, in connection with Crime No.6 of 2024, registered under Sections 8(c) r/w 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 2nd application for bail filed by the petitioner and his earlier bail application was dismissed by this Court on 19.06.2024. He further submitted that the trial has been commenced in this case, however, the petitioner has been in custody from 06.01.2024. Hence, he sought for bail stating that, he is ready to abide by any stringent conditions that may be imposed by this Court.

3. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that, the petitioner/A1 along with A2 was found to be in illegal possession of 52 kilograms of Ganja, which is a commercial quantity, out of which, 30 kilograms was recovered from this petitioner alone and the petitioner, against whom, two previous cases of similar nature are pending, has also failed to satisfy the twin conditions required under Section 37 of NDPS Act. He also submitted that the case has been taken up for trial in C.C.No.502 of 2024, pending trial on the file of the I Additional Special Court for EC and NDPS Act, Chennai, and the case now stands posted on 29.07.2024. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI , J.

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4. He further submitted that the petitioner hails from the state of Andhra Pradesh, therefore, if he is released on bail at this stage, there is a possibility of him absconding and not available for further investigation. He also submitted that the petitioner's first bail application was dismissed by this Court on 19.06.2024 and there is no change in circumstances. Hence, he objected for granting bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case, submissions made by the learned Government Advocate (Crl.Side) that there is no change in circumstances and taking note of the Counter filed by the respondent Police, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. 26.07.2024 ham Crl.O.P.No.16532 of 2024 https://www.mhc.tn.gov.in/judis