Selvam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Selvam ... Petitioner/Accused No.8 Vs The State of Tamilnadu, Rep by the Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.96 of 2021.) ... Respondent/Complainant For Petitioner :

M/s.R.Ilayaraja, Advocate.

For Respondent :

Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PRAYER :- To enlarge the petitioner on bail pending trial in C.C.No.53/2024 on the file of the Additional District and Sessions Judge/Presiding Officer Special Court for EC and NDPS Act Cases, Pudukkottai.

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ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 19.12.2024 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.

2. The petitioner / Accused No.8 was arrested and remanded to judicial custody on 29.11.2024, for the alleged offences punishable under Sections 8(c), 20(b) (ii)(C) and 27(A), 29(1) of Narcotics Drugs and Psychotropic Substances Act, 1985 in Crime No.96 of 2021, on the file of the respondent police, seeks bail.

3. The case of the prosecution is that on 28.01.2021 at about 11.00 p.m., when the respondent Police was conducting a vehicle check up, A5 was found in illegal possession of 90 Kgs of Ganja in the Tata Indica Car bearing Regn.No.TN 8649. On seeing the police, A5 fled away from the place and was later arrested. On instigation, it was revealed that the other accused persons were involved in the transportation of Ganja. The petitioner has been arrayed as A8 and the contraband was also seized. Hence, the complaint.

4. Mr.R.Ilayaraja, learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would 2/5

further submit that the petitioner has been in judicial custody from 29.11.2024 and seeks bail.

5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent Police, submitted that totally 8 accused persons are involved in this case and the petitioner herein has been arrayed as A8. He would further submit that the contraband recovered from the accused persons is a commercial quantity and the investigation in this case has already been completed and the case is posted for trial before the concerned Court. He would further submit that the petitioner herein has been as an absconded accused in the charge sheet and he was arrested only on the basis of NBW issued against him and hence, he opposed the grant of bail to the petitioner.

6. Heard both sides and perused the records.

7. Considering the nature of offence, which is alleged to have been committed by the petitioner, this Court is of the considered view that if the bail is granted to the petitioner, there is very possibility for absconding the petitioner and delaying the trial. Hence, this Court is not inclined to grant bail to the petitioner. However, since the petitioner has been in judicial custody from 19.12.2024, the learned Additional District and Sessions Judge, Special Court for EC and NDPS Act Cases, Pudukkottai is directed to conclude the trial as expeditiously as possible. The 3/5

prosecution is directed to co-operate with the trial Court for speedy disposal of the case.

8. With the above observation, this Criminal Original Petition is dismissed. sd/- 05/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP To 1.The Additional District and Sessions Judge, Special Court for EC and NDPS Act Cases, Pudukkottai.

2.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

3.The Officer Incharge, District Jail, Pudukkottai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.22753 of 2024 Date :05/02/2025 4/5

ED/ SKN /SAR- (19/02/2025) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5