Azhagarsamy v. The State

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 09.05.2022 for the offences punishable under Sections 8(c) r/w 22(c), 25, 29(1) of NDPS Act in Crime No.17 of 2022, on the file of the respondent police, seeks bail.

2. Totally there are two accused and the petitioner herein is arrayed as A1. The case of the prosecution is that on receiving a secret information, the respondent Police along with his team went to the scene of occurrence and they found the petitioner along with other accused was in illegal possession of 1.600 kgs of Methamphetamine. The respondent has seized the contraband, arrested the accused and also registered a case against the accused. Hence the complaint.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this

case. He further submits that the petitioner is in custody from 09.05.2022. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) submitted that the petitioner along with other accused were involved in illegal transportation of totally 1.600 gms of Methamphetamine, which is a commercial quantity. He also stated that the final report has been filed and the case is taken up on the file of the learned Principal Special Court for NDPS cases, Chennai in C.C.No.408 of 2022. He also submitted that if the petitioner is granted bail at this stage, there is a possibility of tampering the evidence. Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) 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, 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, preferable within a period of six months from the date of receipt of a copy of this order.

09.01.2023 drl

T.V.THAMILSELVI, J.

drl 09.01.2023