U.Chukwuka Calistus v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN U.Chukwuka Calistus ... Petitioner/A1 in Crl.OP.1874 of 2025 Godswin Ifeanyi ... Petitioner/A2 in Crl.OP.1886 of 2025 Vs.

Union of India through Intelligence Officer Narcotics Control Bureau Chennai Zonal Unit Chennai C.C.No.324/2024 ... Respondent PRAYER: Criminal Original Petitions filed under Section 483 of BNSS, to enlarge the petitioners on bail pending trial in C.C.No.324 of 2024 on this Court. For Petitioners : Mr.J.Arokhiaraj For Respondent : Mr.N.P.Kumar Special Public Prosecutor (Customs)(NCB) C O M M O N O R D E R These Criminal Original Petitions have been filed by the Petitioners/A1 & A2, who were remanded to judicial custody on 27.07.2023, seeking bail in C.C.No.324 of 2024, registered for the offence under Sections 8(c) r/w.20(b)(ii)(A), 21(b), 22(c), 28 and 29 of NDPS Act, 1985 as amended and punishable u/s.8(c) r/w.Section 20(b)(ii)(A), 21(b), 22(c), 28 & 29 of the same 1/4

Act.

2.The case of the prosecution is that the petitioners along with A3 were found to be in joint possession of 78 grams of white colour substance believed to be Cocaine, 10 grams of two balls of dark green colour substance believed to be Hashish and 0.31 grams LSD, which is a commercial quantity. 3.Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that since the mandatory provisions under Section 50 of NDPS Act has not been followed, the petitioners may be released on bail. 4.Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the case of the prosecution. The learned Government Advocate further submitted that the petitioners and A3 were in joint possession of commercial quantity of contraband. He further submitted that the case is at the stage of framing of charges. Hence, prayed for dismissal.

5.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record.

6.It is a well settled law that the accused cannot be detained without trial for a long period. At the same time, in a case of this nature, unless the 2/4

accused satisfies the twin conditions of Section 37 of NDPS Act, the accused cannot be released. Hence this Court is of the view that in the interest of justice the trial Court may complete the trial as expeditiously as possible. If the trial is not concluded within a period of six months from the date of receipt of a copy of this order, the petitioner shall be at liberty to renew the bail application. 7.Accordingly, these Criminal Original Petitions are disposed of. 24.03.2025 sai To 1.The Special Judge, I Additional Special Court for exclusive trial of cases under NDPS Act, Chennai 2.The Intelligence Officer Narcotics Control Bureau Chennai Zonal Unit Chennai 3.The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN, J.

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