Francis v. The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested on 15.10.2020 and remanded to judicial custody on 16.10.2020, for the offences punishable under Sections 8(c), r/w 20(b)(ii)(c), 25 & 29(1) of the Narcotic Drugs and Psychotropic Act, 1985, in Crime No.1616 of 2020, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 15.10.2020, on receiving a secret information about the illegal transport of Narcotic substances, the respondent Police conducted a vehicle check up, wherein the accused 1 & 2 were found to be in possession of 23 kilograms of Ganja. Based on the confession statement recorded from the first and second accused, other accused were arrested. Thereby, a case in Crime No.1616 of 2020 was registered for the offences punishable under Sections 8(c), r/w 20(b)(ii)(c), 25 & 29(1) of the Narcotic Drugs and Psychotropic Act, 1985. Hence the case.

3. Learned counsel appearing for the petitioner submitted that this is the second bail application of the petitioner before this Court and this Court earlier dismissed the order in Crl.O.P.No.10085 of 2021 by an order dated 28.06.2021. He further submitted that the petitioner is no way connected with the alleged offence. He also stated that the similarly placed co-accused has been granted bail, therefore, he prays for grant of bail to the petitioner.

4. The respondent has filed a detailed counter.

5. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that this is the second bail application of this petitioner before this Court. He further submitted that the petitioner along with the second accused were found to be in illegal possession of 23 kilograms of Ganja, which is a commercial quantity Hence, he vehemently opposed to grant bail to the petitioner.

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

7. Taking into consideration the facts and circumstances of the case and the submission made by the learned counsel and considering the gravity of the offence and also taking note of the fact that the alleged contraband is a commercial quantity, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Original Petition stands dismissed. However, the trial Court is directed to complete the trial as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

19.12.2022 ham

T.V.THAMILSELVI, J.

ham 19.12.2022