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Madras High CourtCRL OP/32110/2022dismissed

Raji @ Dhadi Raj v. State Rep By The Inspector Of Police

2023-01-05Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner/A1, who was arrested and remanded to judicial custody on 21.05.2022 for the offences punishable under Sections 8(c) r/w 22(c) and 29(1) of NDPS Act in Crime No.307 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on receiving a secret information, the respondent Police along with his team went to the scene of occurrence and they found the accused were in illegal possession of 15 nos of LST Stamp. The respondent has seized the contraband, arrested the accused and also registered a case against the accused. Hence the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and there is no recovery from this petitioner and based on the confession statement recorded from the other accused, the petitioner has been falsely implicated in this case. He further

submitted that the case has been taken up on the file of the learned Principal Special Judge for NDPS Act cases, Chennai in C.C.No.319 of 2022 and also stated that the case is still pending and the petitioner is in custody from 21.05.2022. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) submitted that the petitioner along with the other accused were involved in illegal transportation of 15 nos of LST Stamp, which is a commercial quantity. He also stated that the final report has been filed and the case is taken up on the file of the learned Principal Special Judge for NDPS Act cases, Chennai in C.C.No.319 of 2022. He also submitted that there are two previous cases pending against him and 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 got two previous cases, 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 six months from the date of receipt of a copy of this order. 05.01.2023 vkr

T.V.THAMILSELVI, J.

vkr 05.01.2023