Megala v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 22.09.2021 for the offences punishable under Sections 8(c), 20(b)(ii)(C), 25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.28 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 22.09.2021 on a secret information, the respondent Police was on watching duty at Madhavaram Bus Terminal. At that time, two cars came that side in suspicious manner and on checking, it was found that Ganja weighing 110 kgs were found in the 3 vehicles and 6 of them who were available in the cars were arrested and the contraband was recovered and two cars involved in this case were seized. Hence the complaint.

3. Learned counsel for the petitioner submitted that the petitioner is working as a maid in the shop of A1 and other than that, she

has not aware of anything. He further submitted that the case has been taken up on the file of the learned Principal Special Judge, I Additional Special Court for Ec and NDPS Act cases, Chennai, in C.C.No.84 of 2022 and also stated that the case is still pending and the petitioner is in custody from 22.09.2021. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) submitted that the petitioner was found in illegal possession of 50 kgs of Ganja, which is a commercial quantity. He also stated that the petitioner has already filed bail petition before this Court in Crl.O.P.No.29790 of 2022 which was dismissed on 02.12.2022. 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 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, preferable within a period of five months from the date of receipt of a copy of this order.

05.01.2023 vkr

T.V.THAMILSELVI, J.

vkr 05.01.2023