Basheer Ahmed @ Alibai v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 11.12.2020 for the offences punishable under Sections 8(c) and 22(c) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in C.C.No.88 of 2021 in connection with Crime No.61 of 2020, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on receiving a secret information about the trafficking of Metham drug from India to Dubai, respondent Police conducted a search and found the accused were in illegal possession of 1.200 grams of Metham drug (Stimulant Drug) in their suit case. The respondent has seized the contraband, arrested the accused and also registered a case against the accused for the offences punishable under Sections 8(c) and 22(C) and 29(1) of the Narcotic Drugs and Psychotropic Act, 1985. Hence the case.

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 submitted that the case has been taken up on the file of the learned Additional District Special Judge Essential Commodities Act, 1985, Coimbatore om C.C.No.88 of 2021 and also stated that the case still pending and the petitioner is in custody from 11.12.2020. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) submitted that the petitioner along with the other accused were involved in illegal transportation of 1.200 grams of Metham drug (Stimulant Drug), 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 Additional District Special Judge Essential Commodities Act, 1985, Coimbatore in C.C.No.88 of 2021. 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 the submission made by the learned Government Advocate (Crl.Side) and considering the fact that the alleged contraband 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 four months from the date of receipt of a copy of this order.

21.12.2022 vkr

T.V.THAMILSELVI, J.

vkr 21.12.2022