Pandi v. State Rep By

G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 07.01.2022 for the offences punishable under Sections 8(c) read with Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, in Crime No.3 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were found in joint possession of 21 kgs of Ganja. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case. The petitioner is suffering incarceration from 07.01.2022. He further submitted that on last occasion, the bail petition was dismissed on the ground that already the petitioner has been involved in 10 previous cases of similar in nature. However, he involved in only four cases including the present case. Further, the petitioner was only in possession of 12.5 kgs of ganja and it is in-between quantity. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that due to inadvertence, it was wrongly stated that the petitioner has 10 previous cases of similar in nature, since in the same name of the petitioner and his father name, there is another accused and he involved in 10 previous cases. However, the petitioner so far involved in four previous cases which are similar in nature. Hence, he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration the bad antecedents of the petitioner and that there is no change of circumstances after the previous dismissal orders were passed on merits, this Court is not inclined to grant bail to the petitioner.

6. However, the learned counsel for the petitioner would submit that already the final report has been filed, but the copies are not served to the petitioner. The trial Court is directed to serve the copies to the petitioner and proceed with the trial and complete the trial, within a period of six months from the date of receipt of a copy of this order.

7. Accordingly, this Criminal Original Petition is dismissed. 07.11.2022 mn

G.K.ILANTHIRAIYAN, J.

mn 07.11.2022