Delwin Davis v. The State Rep By Its,

Crl.O.P.No.31805 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 02.08.2021 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c) 25 of NDPS Act, in Spl.CC.No.11 of 2022 on the file of the NDPS Court, Salem in respect of crime No.52 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 11.07.2021 at 14.15 p.m. an information was received from one Mr.Ravichandran that a car was found parked on the Bangalore to Salem bypass road side, near Karuppur IOC gas company junction. The smell of ganja was found in the vehicle bearing registration No. MH 01 AE 5580 Mahindra Renault Logan car. The police broke open the door of the vehicle and found 60 Kgs of Ganja in the car. Hence, the case.

3. It is seen that this Court already dismissed the bail petition on 12.08.2022 observing as follows:

"5. The learned counsel appearing for the petitioner states that the petitioner is a student of MBA and studying at Bangalore. However, he failed to produce any

piece of evidence to show that the petitioner is a student of MBA and studying at Bangalore. Therefore, the petitioner was in possession of 60 Kgs of Ganja and it is a commercial quantity. Now, the trial has commenced in Spl.C.C.No.11 of 2022 on the file of the NDPS Court, Salem.

6. Therefore, this Court is not inclined to grant bail to the petitioner and this Criminal Original Petition is dismissed. However, the trial Court is directed to complete the trial within a period of 6 months from the date of receipt of copy of this Order."

4. Further, this is the third bail petition filed by the petitioner. However, there is no change of circumstances in this case. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

23.12.2022 lok

G.K.ILANTHIRAIYAN, J.

lok Crl.O.P.No.31805 of 2022 23.12.2022