In a bail petition under the NDPS Act, the petitioner argued for release after prolonged incarceration. The court noted the trial had commenced with a witness examination scheduled. Finding that the cited precedent was not applicable due to procedural progress and lack of trial delay, the court dismissed the bail application.
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Crl.OP.No.1884 of 2023
Crl.O.P.No.1884 of 2023
T.V.THAMILSELVI,J.
The petitioner, who was arrested and remanded to judicial custody on 05.01.2020 for the alleged offence under Sections 8(c), 20(b)(ii)(C), 25 and 29(1) of NDPS Act, 1985 in C.C.No.131 of 2021 in connection with Crime No.31 of 2020 on the file of the respondent Police, seeks bail.
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Court only on the ground that they have been incarcerated for prolonged durations”, submitted that the petitioner is entitled for grant of bail, since, he is suffering incarceration from 05.11.2020 and there is no progress in the trial. Therefore, he prayed to grant bail to the petitioner.
4.The learned Government Advocate (crl.side) appearing for the respondent submitted that totally there are four accused in this case and the petitioner has arrayed as A2. The petitioner along with other accused was found in illegal possession of 205 kgs of Ganja, which comes under commercial quantity. He further submitted that the charge sheet has been filed in C.C.No.131 of 2021 and the case stands posted for examination of L.W.1 on 16.02.2023 and if the petitioner is released on bail at this stage, he would tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioner.
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Crl.OP.No.1884 of 2023
and the submissions made by either side of the parties, this Court is of the view that the judgment referred by the learned counsel for the petitioner is not applicable to the facts of this case, since the trial was commenced in this case and also stands posted for examination of L.W.1, thereby, the petitioner is not entitled for grant of bail. Therefore, this Court is not inclined to grant bail to the petitioner.
14.02.2023
vkr
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Crl.OP.No.1884 of 2023
T.V.THAMILSELVI,J. Vkr
Crl.OP.No.1884 of 2023
14.02.2023
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2 issues framed by the court
Whether the petitioner is entitled to bail given the trial has commenced and a witness examination is scheduled
If the petitioner satisfies the bedlam test and the likelihood of tampering with evidence warrants the bail
T.V.THAMILSELVI
State.of.Tamil.Nadu
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
