Selvam M @ Kumar v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 22.04.2022 for the alleged offence under Sections 8(c), 12, 22(c), 23(c), 24, 28 and 29 of NDPS Act in C.C.No. 343 of 2023 in R.R.No.25 of 2022 inn NCB. F.No.48/1/07/2022 NCB-MDS on the file of the Principal Special Court for NDPS Act, Chennai, seeks bail.

2. The case of the prosecution is that on a secret information, when the respondent police along with their team went to the scene of occurrence, at that time, on search, they found that the petitioner along with other accused was found in possession of 184 gms of 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 and he is in judicial custody from

22.04.2022 for more than 1 year and 7 months. He would submit that there is no specific overtact attributed against the petitioner. 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 submit that he was falsely implicated in this case. He would further submit that the investigation is almost completed. Hence, he prayed to grant bail to the petitioner.

4. The learned Special Public Prosecutor appearing for respondent would submit that 184 gms. of Methamphetamine was recovered from the petitioner along with other accused, which is a commercial quantity. He would submit that now the case is posted for framing of charges and now the accused engaged counsel before the trial court. He would submit that if he is released on bail, he will tamper the witnesses and hamper the investigation and incharge trial judge is only conducting trial. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering gravity of offence committed by the petitioner and the contraband of 184 gms. of Methamphetamine was recovered and now the case is posted for framing of charges and also considering the fact that if he is released on bail, there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

23.11.2023 rpp

T.V.THAMILSELVI, J.

rpp 23.11.2023