Nwafor Onynye Monica v. The State Rep By Its,

P.DHANABAL, J.

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 18.03.2023, seeking bail in connection with C.C.No.665 of 2023 pending trial on the file of the I Additional Special Court for Exclusive Trial of NDPS Act, Chennai in Crime No.65 of 2023, registered for the offence punishable under Section 8(c) r/w 22(C) of NDPS Act, 1985.

2. The case of the prosecution is that based on the drug selling information received from the informant, on 18.03.2023 at around 11.00 hours, the respondent police went for search at Moovarasampet Kulakari, where they found the petitioner was found in illegal possession of 61 grams of Methamphetamine. Hence the case.

3. Learned counsel appearing for the petitioner submitted that this is the second bail petition filed by the petitioner. He further submitted

that the petitioner is an innocent person and he has been falsely implicated in this case. He has not committed any offence as alleged in the FIR. He further submitted that the petitioner is in custody from 18.03.2023 and the petitioner is ready to abide by any stringent conditions that may be imposed by this Court.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police raised an objection stating that when the respondent police received a secret information about the illegal possession of narcotic substances, they went to the scene of occurrence, wherein they found the petitioner is in possession of 61 grams of Methamphetamine, which is a commercial quantity. He further submitted that the specific over tact against this petitioner, is that the accused person purchased the contraband and sell the same for her personal gain. He further submitted that the petitioner is having one previous case for the similar kind of offence. He further submitted that the investigation was completed and the charge sheet was filed and the case is taken on file in C.C.No.665 of 2023 pending on the file of I Additional Special Court for Exclusive Trial of NDPS Act,

Chennai and now the case is posted for framing of charges on 10.12.2024. Hence, he vehemently opposed for the grant of bail to the petitioner.

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

6. Considering the representation made by both side counsel, grave nature of offence and the quantity of contraband involved is a commercial quantity and the petitioner is having one previous case for the similar kind of offence, though investigation was completed and charge sheet was also filed and now the case is posted for framing of charges and already this court dismissed the earlier bail application and there is no change of circumstances, therefore at this stage, it is not appropriate to consider the bail application of the petitioner. Hence, this Criminal Original Petition stands dismissed.

P.DHANABAL, J.

drl

7. Since the case is pending for a long time, it is appropriate to direct the Trial Judge to complete the trial as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order.

04.12.2024 drl