Ayyanna v. The Inspector Of Police

G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to Judicial custody on 16.04.2022 for the alleged offence punishable under Section 8(c) r/w 20(b)(ii)(C) of NDPS Act 1985, in Crime No.292 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 16.04.2022, on receipt of the secret information, the respondent police along with their team went to CB Road Subway and arrested the petitioner as he was found in possession of 21 Kgs of Ganga. Hence the complaint.

3. The learned counsel for the petitioner would submit that some unknown persons utilizing the poor family condition of the petitioner, insisted him to deliver a bundle to Chennai, and the petitioner came to know about Ganja only when the respondent police searched on him. Therefore, he is no way connected with the present case. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate(crl.side) submitted that

there are totally two accused in this case in which, the petitioner is arrayed as A1 and 21 Kgs of Ganja was recovered from him, which is a commercial quantity. He further submitted that after filing charge sheet, the same has been taken cognizance in CC.No.281 of 2022 on the file of the Principal Special Judge, NDPS Act, Chennai and now the case has been posted on 10.08.2013 for examination of Investigation Officer. Hence, he vehemently opposed to grant bail to the petitioner.

5. It is seen that this Court dismissed the earlier bail petitions filed by the petitioner. Now, this is the seventh bail petition. However, there is no change of circumstances in this case. Hence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. However, the trial court is directed to complete the trial within a period of six months from the date of receipt of copy of this order. 09.08.2023 lok

G.K.ILANTHIRAIYAN, J.

lok Crl.O.P.No.17613 of 2023 09.08.2023