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Madras High CourtCRL OP/26664/2022dismissed

Ravichandran v. The State Rep By Its,

2022-11-10Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 17.10.2020, in C.C.No.107 of 2021 on the file of the learned I Additional Special Judge, NDPS Act Case, Chennai in Crime No.3886 of 2020 on the file of the respondent police for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) & 29 (1) of NDPS Act, seeks bail.

2. The case of the prosecution is that the petitioner along with the five other accused were found in illegal possession of 400.700 kilograms of Ganja, which is a commercial quantity. Hence the case.

3. The learned counsel appearing for the petitioner would submit that this is the second bail application before this Court and the earlier bail application in Crl.O.P.No.21477 of 2022 was dismissed by this Court for non prosecution vide order dated 29.09.2022. He would also submit that the petitioner was arrested on 17.10.2020 and he is in

custody for the past 2 years and he is ready to abide by any stringent conditions that may be imposed on him and hence, he prays for grant of bail to the petitioner.

4. The respondent Police have filed a detailed counter.

5. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that it is a case where the contraband involved is about 400.700 kilograms of Ganja, which is a commercial quantity. He would also submit that one R.Pechiyammal (A2) and one M.Saravanakumar(A5) in this case had approached this court in Crl.O.P.No.20276 of 2022 and this Court by an order dated 11.10.2022, while dismissing the bail application had directed the trial Court to complete the trial within a period of four months from the date of receipt of a copy of that order and the present petitioner is also similarly placed as that of the other accused. He would further submit that the trial has commenced and there are 14 witnesses in this case and the case as on

date stands for recall of the witnesses on the petition filed by A4 and the case now stands posted for cross examination of PW6 on 14.11.2022. He would also state that the respondent will be able to comply with the order passed by this Court in Crl.O.P.No.20276 of 2022 dated 11.10.2022 and complete the trial within a time frame fixed by this Court.

6. Recording the same, this Criminal Original Petition stands dismissed.

10.11.2022 ham

A.D.JAGADISH CHANDIRA , J.

ham 10.11.2022