Sheik Nasir Hussain v. The State Rep By Its,
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 02.12.2023, in Crime No.442 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), 25, 29(1) of NDPS Act, 1985 (as amended) and Section 120B of the IPC, 1860 (as amended), seeks bail.
2. Learned counsel appearing for the petitioner submitted that this is the third petition and the earlier petitions were dismissed by this Court in Crl.OP.Nos.13778 & 17910 of 2024 on 25.06.2024 & 22.08.2024, respectively. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case, as if the petitioner along with other accused was found in possession of 120 kgs of ganja. He further submitted that the petitioner is in no way connected with the alleged offence as alleged by the prosecution. He further submitted that the petitioner is suffering incarceration from 02.12.2023 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.
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3. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner along with other accused was found to be in illegal possession of 120 kgs of ganja, which is a commercial quantity. He further submitted that the petitioner has four previous cases, which are all similar in nature. He further submitted that on a perusal of the confession statement of A1 it reveals that A4 has instructed A1 to visit Andhra, Narsipattinam and procure ganja. On an earlier occasion A1 had illegally transported ganja from Andhra Pradesh in car and handed over the contraband to A4 and received amount of Rs.4,00,000/- for the said illegal transportation of Ganja. Further A1 also stated that he purchased a land at Villupuram in his father's name using the said money.
It is submitted that during 20th June 2023 A1 along with A2 went to Narsipattinam in a rented car and met A5, where they deposited a sum of Rs.2,80,000/- out of the total amount of Rs.4,50,000/-. The amount of Rs.2,80,000/- was deposited in the ATM to the Indian Bank A/c.No.621562396 of A5 on various dates. The involvement of petitioner /A5 would be proved on perusal of his bank statement of accounts wherein amounts were deposited. However, he vehemently opposed for the grant of bail to the petitioner. Page No.
4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.
5. Taking into consideration the quantity of the contraband seized from the petitioner is a commercial quantity, and it needs detailed investigation, and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition stands dismissed.
7. 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 from 02.12.2023.
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T.V.THAMILSELVI, J.
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