Magudeeshwaran v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 28.10.2020 for the alleged offence under Sections 8 ( C) r/w 20 (b) (ii) C, 25 and 29(1) of NDPS Act in Crime No.916 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint stating that the petitioner was found in possession of 321.650 kgs of ganja without any valid license or permit. Hence, the complaint.

3. The learned counsel for the petitioner submitted that there is no iota of truth in the complaint and he 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 property recovered from this petitioner alone. He would submit that already time was granted for trial and it has not begin and that the petitioner has been suffering incarceration from

28.10.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is arrayed as A4 and totally, there are four accused involved in this case. He would submit that the seized contraband is commercial quantitiy and property was recovered. He would submit that now the trial is also begun and will be completed within three months. He would submit that if he is released on bail, he would tamper the witnesses and hamper the trial. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering gravity of offence committed by the petitioner. The learned counsel for the petitioner submitted that already time was granted for trial and it has not begin 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 dispose the case as expeditiously as possible. 06.01.2023 vsn T.V.THAMILSELVI, J.

vsn 06.01.2023