Akash v. The Inspector Of Police,

Crl.O.P.No.22998 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 10.10.2023, in Crime No.638 of 2023 on the file of the respondent police, registered for the alleged offence punishable under Sections 8(c), r/w.20(b)(ii)(C), 22(c), 29(1) and 25 of NDPS Act, seeks bail.

2. Learned counsel appearing for the petitioner submitted that this is the third bail petition and the earlier petitions were dismissed by this Court in Crl.OP.Nos.12765, & 18003 of 2024 dated 18.06.2024 & 30.07.2024, respectively. He further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is suffering incarceration from 10.10.2023 and he is ready to abide any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally 4 accused in this case and the petitioner herein is arrayed as A1. He further submitted that the petitioner along with other accused were found to be in illegal possession of 124 packs of Nitravet @ 10 mg tablets (each pack containing 30 tablets), totally 3720 tablets, weighs about 2.109.24 grams, which is a commercial quantity. He further submitted that the investigation is completed and obtained lab report from the Forensic Science Laboratory, and charge sheet also filed before the learned II Additional Special Court under EC & NDPS Act, Chennai and taken on file vide C.C.No.250 of 2024 dated 08.04.2024. He also submitted that the trial is posted for examination of witnesses on 04.10.2024.

The specific overt act against the petitioner is that the petitioner colluded with other accused persons has purchased the above said contraband from Hydrabad and trying to sells the same in Tamilnadu for their personal gains. However, he vehemently opposed for the grant of bail to the petitioner.

4.Taking into consideration the quantity of the contraband seized from the petitioner is a commercial quantity, and the trial is posted on 04.10.2024 and if the petitioner granted bail, there is a possibility of hampering witnesses and tampering with evidences and there is no change

in circumstances, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition stands dismissed.

6. However, the learned trial judge is directed to complete the trial and dispose of the case as early as possible, since the accused is in custody for nearly one year.

26.09.2024 rri T.V.THAMILSELVI, J.

rri Crl.O.P.No.22998 of 2024 26.09.2024