Babu v. The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 02.08.2022 for the alleged offence under Sections 8 (c), 20 (b) (ii)(B) Narcotic Drugs @ Psychotropic Act in Crime No.313 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner, along with other accused, was intercepted by the respondent police on 01.08.2022 and on search, it was found that petitioner/A1 and along with one Mano/A2, Rajiv Sharma/A3 and Abhiya Christoper /A4 were found to be in possession of 1.122 Kgs of Black Hahish Oil in Aavin named Plastic Bottle and !00 gms of Ganja. Hence, the complaint.

3. The learned counsel for the petitioner submitted that there is no iota of truth in the complaint and he is no way connected with the said offence. He would submit that he has not at all committed any offence as alleged by

the respondent police and there is no contraband recovered from this petitioner. He would submit that the investigation is almost completed & charge sheet, is yet to be filed and that the petitioner has been suffering incarceration from 02.08.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is arrayed as A1 and totally, there are four accused involved in this case. He would submit that now the trial is completed. He would submit that 1.122 Kgs of Black Hahish Oil in Aavin named Plastic Bottle has been recovered from this petitioner and 100 gms of ganja has been recovered from A2. He would submit that if he is released on bail, he would tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering gravity of offence committed by the petitioner, and now the trial is completed and lab report

reveals that it is a prohibited drug, and there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

06.01.2023 vsn

T.V.THAMILSELVI, J.

vsn 06.01.2023