Santosh Kumar v. State Through

Crl.O.P.No.31625 of 2022 T.V.THAMILSELVI,J.

The petitioner/A3, who was arrested and remanded to judicial custody on 11.10.2022 for the offences punishable under Sections 8(c),22(b),27(a),25 of NDPS Act, in Crime No.810 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 11.10.2022, on receipt of a secret information regarding illegal transportation of narcotic substance, the Sub-Inspector of Police along with the Police team went to the scene of occurrence and intercepted the accused persons, who were found in illegal transportation of 1300 nos of Nitravet tablets and 1700 nos of Tydol tablets in their possession. The respondent have seized the contraband under the cover of seizure mahazar and arrested the accused persons. Hence the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person, who is working as a Coolie under daily wages and he has been falsely implicated in this case. He also stated that the petitioner is no way connected with the alleged offence and he is in custody from 11.10.2022.

He further submitted that the bail petition filed before the Principal Special Judge, for NDPS cases, Chennai in Crl.M.P.No.5844 of 2022 was dismissed on 23.11.2022. He also further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police would submit that the petitioner along with the other accused had illegally transported 1300 nos of Nitravet tablets and 1700 nos of Tydol tablets, which is a commercial quantity. He would also submit that the forensic lab report has not yet been received. Therefore, he vehemently opposed to grant bail to the petitioner.

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

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned Government Advocate (Crl.Side) and

also a fact that there is in commercial quantity, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed.

8. The learned Government Advocate (Crl.side) is directed to file a final report within a period of four weeks from the date of receipt of a copy of this Order before the trial Court and the trial Court is directed to complete the trial and dispose of the case within a period of three months from the date of receipt of a copy of this order.

21.03.2023 rri

T.V.THAMILSELVI,J.

rri Crl.O.P.No.31625 of 2022 21.03.2023