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Madras High CourtCRL OP/31808/2022dismissed

Rajagopal Ravikumar v. The State Rep By Its,

2023-01-06Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 27.11.2020 for the alleged offence under Sections 8 ( c) r/w 20(b)(ii)(c) and 25 of NDPS Act, altered into 8(C) , r/w 20(b)(ii)(c), 29(i) of the NDPS ACt in C.C. No.143 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on secret information about illegal transportation of narcotic substances, on 26.11.2020, the respondent police went to Mathankuppam Railway Station and conducted a check up. At that time A1 and A2 were standing suspiciously, on search the respondent police found 22 Kgs of Ganja from A1 and A2 they were subsequently arrested and remanded. Hence, the complaint.

3. The learned counsel for the petitioner submitted that there is no iota of truth in the complaint and she is no way connected with the said

offence. He would submit that he has not at all committed any offence as alleged by the respondent police and there is no property recovered from this petitioner. He would submit that the investigation is pending and that the petitioner has been suffering incarceration from 27.11.2020. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that there is already previous case is similar in nature pending against this petitioner. He would submit that during investigation the police came to know that the petitioner used to purchase contraband from other States and sell it in Tamilnadu. He would submit that if he is released on bail, she would tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts the quantity seized from the petitioner, commercial quantity and taking into fact that the earlier bail applications filed by the petitioner before this Court as dismissed as withdrawn and on 02.11.2022 and finding that there is no change of circumstances to grant

bail . Considering gravity of offence committed by the petitioner, and now the trial has begun and he is having NDPS cases and there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, the trial court is directed to complete the trial and file a final report within a period of four months from the date of receipt of copy of this order.

06.01.2023 vsn

T.V.THAMILSELVI, J.

vsn 06.01.2023