Dietmar Wisbar v. Union Of India

Crl.O.P.Nos.26263 & 26292 of 2023 C.V.KARTHIKEYAN, J.

The petitioners / A1 and A2 seek bail in C.C.No.441 of 2023 now pending trial before the I Additional Special Court For Exclusive Trial of Cases Under NDPS Act, Chennai.

2.Originally the petitioners / A1 and A2 were arrested and remanded to judicial custody on 22.10.2023 for the offences punishable under Sections 8(c) read with Sections 21(c), 23(c), 28 and 29 of NDPS Act in R.R.No.54 of 2022 on the file of the respondent. 3.The petitioner / A1 has filed Crl.O.P.No.26292 of 2023 and the petitioner / A2 has filed Crl.O.P.No.26263 of 2023. It is stated that both the accused were found in possession of 2.770 Kgs of Cocaine and 2.770 Kgs of Cocaine respectively. The quantities are commercial in nature.

4.The learned counsel for the petitioners stated that the petitioners had come over to Chennai, to attend a meeting to explore possibilities of investment. But the details of such meeting have not been given and it is not known who organized such meeting. 1/2 https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN , J.

smv 5.A counter affidavit had been filed on behalf of the respondent stating that the only purpose for the petitioners to come over to this country was to traffic Cocaine unlawfully and illegally. It is stated in the counter that the address and phone numbers given are fake and there was no business meeting scheduled to be held in India. After filing charge sheet, C.C.No.441 of 2023 is now pending trial before the I Additional Special Court For Exclusive Trial of Cases Under NDPS Act, Chennai and only in August 2023, the petitioners had engaged a counsel and now charges have been framed.

6.Let the trial proceed. At this stage, I am not inclined to grant bail to the petitioners. Accordingly, these Criminal Original Petitions stand dismissed.

10.01.2024 smv Crl.O.P.Nos.26263 & 26292 of 2023 2/2 https://www.mhc.tn.gov.in/judis