Kumar v. The Inspector Of Police

Crl.OP.No.16540 of 2023 Crl.O.P.No.16540 of 2023 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 01.02.2022 for the offences punishable under Sections 8(c) r/w 20 (b)(ii)(C), 25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.4 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 22 Kgs of Ganja. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the offence as alleged by the prosecution. He would further submit that the entire recovery was only from the co-accused, who is arrayed as A1 and the petitioner is only the driver of A1. Hence, he prays to grant bail to the petitioner.

4. The Government Advocate (Crl.side) appearing for the respondent police would submit that there are totally two accused, in which the petitioner is arrayed as A2. He would further submit that the first accused is a regular offender and the petitioner is the driver of A1. Hence, he vehemently opposed to grant bail to the petitioner.

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Crl.OP.No.16540 of 2023 G.K.ILANTHIRAIYAN, J.

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5. Taking into consideration the facts and circumstances of the case that the petitioner and other accused were in conscious possession of 22 Kgs of Ganja and also there is no change of circumstances after the previous dismissal orders passed on merits by this Court, this Court is not inclined to grant bail to the petitioner. However, now the charge sheet has been filed in C.C.No.119 of 2022, on the file of the II Additional Special Judge, NDPS Act, Chennai. Therefore, the Trial Court is directed to complete the trial, within a period of three months from the date of receipt of a copy of this order.

6. Accordingly, this Criminal Original Petition is dismissed. 26.07.2023 mn Copy to The II Additional Special Judge, NDPS Act, Chennai. Crl.O.P.No.16540 of 2023 https://www.mhc.tn.gov.in/judis