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Madras High CourtCRL OP/19824/2024dismissed

Ravikumar v. The State Rep By

2024-08-29Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 06.01.2024 for the alleged offence under Sections 8 (c), 20 (b) (ii)(C) and 29(1) of NDPS Act,pending trial in C.C.No.502 of 2024, on the file of I Addl. Special Court for EC and NDPS Act, in Crime No.06 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 06.01.2024, on a secret information about illegal transport of narcotic substances, the respondent police along with his team went to Urapakkam Tea shop nearby bus stop, they intercepted the petitioner, however on seeing the police, the petitioner along with other accused tried to escape from the place of occurrence and they caught hold of them. On search, the respondent police said to have found that they were found in possession of 52 kgs. of ganja in his bag illegally for the purpose of sale without any valid license or permit. Hence,

the complaint.

3. The learned counsel for the petitioner submitted that this is the third petition seeking for bail. He would submit that there is no iota of truth in the complaint and he is no way connected with the said offence. He would submit that he has not at all committed any offence as alleged by the respondent police and there is no property recovered from this petitioner. He would submit that the investigation is almost completed and that the petitioner has been suffering incarceration from 06.01.2024 for more than 8 months. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is arrayed as A1 and totally, there are two accused involved in this case. He would submit that he is hailing from Andhra Pradesh and one previous case was also registered under the NDPS Act case pending against him. He would submit that if he is released on bail, he would tamper the witnesses and hamper the investigation. 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, he is in possession of 52 kgs. of ganja, which is a commercial quantity and one more case was pending against him under the NDPS Act case and the fact that there is possibility of tampering the witnesses and hampering the investigation and the fact that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 29.08.2024 rpp

T.V.THAMILSELVI, J.

rpp 29.08.2024