Muthukrishnan v. The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 29.10.2020 for the offences punishable under Sections 8(c), 20(b) (ii) (C), 25 & 29(1) of NDPS Act, in Crime No.916 of 2020, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons were found in illegal possession and transportation of 321.650 kgs of ganja. The respondent has seized the contraband, arrested the accused and also registered a case against the accused. Hence the case.

3. Learned counsel for the petitioner submitted that this is the third bail application, earlier bail petitions were dismissed by this Court on 06.04.2022 in Crl.OP.No.7625 of 2022 and on 02.03.2023 in Crl.O.P.No.3967 of 2023. He stated that as per the four mahazars, the

total weight comes to 291.650 grams which is difference of 30 kgs of lesser than the quantity said to have been recovered and the petitioner is in custody from 29.10.2020. He also submitted that he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) submitted that there are totally four accused in this case and the petitioner herein is arrayed as A1, the petitioner along with other accused persons were found in illegal possession and transportation of 321.650 kgs of ganja. which is a commercial quantity. He further submits that the accused brought the said seized contraband from Andhra Pradesh and sells the same to the local area people for their personal gain. He further submits that the investigation has been completed and charge sheet also filed. Now the stage of the case is L.W.1 was examined. Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case and also taking note of the quantity of the contraband which is a commercial quantity, and the stage of the case is L.W.1 was examined. and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition stands dismissed. However, the learned trial Judge is directed to complete the trial as expeditiously as possible, preferable within a period of three months from the date of this order.

17.08.2023 rri

T.V.THAMILSELVI, J.

rri 17.08.2023