Justin Delvin Tarimo v. The Station House Officer

T.V.THAMILSELVI, J.

The petitioner who was arrested and remanded to judicial custody on 16.05.2022 for the offences punishable under Sections 8(c), 21(b) and 22(c) of NDPS Act in Crime No.42 of 2022, seeks bail.

2. The case of the prosecution is that on date on receiving a secret information, the Inspector of Police, Muthialpet Police Station along with his team went to the scene of occurrence and they found that the accused was in possession of 21 grams Ganja. The contraband has been seized and the accused was arrested. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is in custody from 16.05.2022 and he is ready to abide by any stringent conditions imposed that may be imposed by this Court and therefore, he seeks for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner was found to be in possession of 21 grams of Ganja and 30 nos of methamphetamine tablets, which comes under commercial quantity. He would submit that the petitioner belongs to African citizen and the investigation is not yet completed and if the petitioner is granted bail, there is a possibility that he will tamper the witnesses and hamper the investigation. However, he opposed for grant of bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case and also taking note of the quantity of the contraband which is a commercial quantity and that the petitioner has not satisfied the conditions under Section 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition stands dismissed. However, the learned trial Judge is directed to complete the trial as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order and deliver the judgment. 07.12.2022 vkr

T.V.THAMILSELVI, J.

vkr 07.12.2022