Sathish v. The Inspector Of Police
M.DHANDAPANI, J The petitioner was arrested on 20.03.2020 for the alleged offences under Sections 8(c) r/w 20 (b)(ii) ( c) and 29(1) of Narcotics Drugs and psychotropic Substances Act, 1985 in Crime No.22 of 2020, on the file of the respondent/Police, seeks bail.
2. Totally there are 2 accused in this case and the petitioners herein are A1 and A2. The case of the prosecution is that on the date of occurrence the petitioners were in possession of 23 kgs of Ganja. Hence, the complaint was registered.
3. The learned counsel for the petitioners submitted that they are innocent person and they have been falsely implicated in this case and he further submitted that this is the third bail application filed by the petitioners and though it is the case of the prosecution that at the time of arrest, the 1st petitioner / accused was in possession of two bags of 23 kgs of Ganja and the said bags were not produced before the Court and the 2nd petitioner has not carried any bag along with the 1st accused and he has been implicated in the above said offence based on the confession of 1/3
the 1st accused and since the confession statement is not an admissible evidence, prays for bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submitted that the petitioners were in possession of 23 kgs of Ganja which is of commercial quantity and this is a third bail application filed by the petitioner and there is no change of circumstances arises for consideration and hence, he vehemently opposed for grant of bail to the petitioner.
5. Considering the fact that the quantity of contraband seized was 23 kgs which is of commercial quantity, this court is not inclined to grant bail to the petitioner and further considering the request made by the learned counsel appearing for the petitioner, this Court is inclined to issue direction to the Trial Court to conclude the trial as expeditiously as possible.
6. Accordingly, this criminal original petition is dismissed with the above observation.
27.09.2022 sk 2/3
M.DHANDAPANI, J sk 27.09.2022 3/3