Dismissed

Elaya @ Elavarasan v. Inspector of Police

Madras HC23 Nov 2023CRL OP/20032/2023

Case brief

AI extract

What is this about?

In bail petitions by two petitioners accused under the NDPS Act, the court noted possession of commercial quantities of ganja and nitrovet tablets. Considering the gravity of the offence, commencement of trial, and risk of witness tampering, the court denied bail.

What did the court decide?

Bail denied to petitioners; trial court directed to complete trial within three months without unnecessary adjournments.

Elaya @ Elavarasan Vs Inspector of Police — Narcotics (NDPS) | Madras HC (2023)

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Crl.O.P.Nos. 20032 & 20036 of 2023

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Crl.O.P.Nos. 20032 & 20036 of 2023

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T.V.THAMILSELVI, J.

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The petitioners, who were arrested and remanded to judicial custody on 11.12.2021 and 28.12.2021 respectively for the alleged offence

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under Sections 8(c) r/w 20(b)(ii)(A), 22(c) & 29(1) of NDPS Act in C.C.No. 279 of 2022 pending on the file of II Addl. Special Judge, Special Court - NDPS Act at Chennai in Crime No.2269 of 2021, on the file of the respondent police, seeks bail.

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The case of the prosecution is that on a secret information, when

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the respondent police made a search, the petitioner and another person, who is none other than petitioner's brother were found in possession of 1200 Nitrovet-10 tablets each containing 0.554 milligrams and 100 grams of ganja and seized the same. Hence, the complaint.

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The learned counsel for the petitioners submitted that this is third

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.Nos. 20032 & 20036 of 2023

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petition seeking for bail and they are in judicial custody from 11.12.2021 and 28.12.2021 respectively for more than 2 years and 11 months. He would submit that there is no specific overtact attributed against the petitioners. He would submit that they have not at all committed any offence as alleged by the respondent police and they are no way connected with the occurrence and they were falsely implicated in this case. He would further submit that the investigation is almost completed. Hence, he prayed to grant bail to the petitioners.

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The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, 1200 Nitrovet-10 tablets, each containing 0.554 milligrams and 100 grams of ganja were seized and the petitioners are arrayed as A1 and A2. He would submit that now the trial is in progress and totally there are 6 witnesses and now the case is posted for examination of L.W.1 on 27.11.2023. He would submit that if they are released on bail, they will tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioners.

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.Nos. 20032 & 20036 of 2023

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Considering the facts and circumstances of the case and the submissions made by both counsel and also considering gravity of offence committed by the petitioners and the contraband of 1200 Nitrovet-10 tablets, each containing 0.554 milligrams and 100 grams of ganja, which is a commercial quantity and now trial was begun and for examination of L.W.1, the case is posted on 27.11.2023, and also considering the fact that if they are released on bail, there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioners. Accordingly, these Criminal Original Petitions are dismissed. However, the trial court is directed to complete the trial and dispose the case without giving unnecessary adjournment within a period of three months from the date of receipt of copy of this order.

23.11.2023

rpp

Page 3 of 4

https://www.mhc.tn.gov.in/judis

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Crl.O.P.Nos. 20032 & 20036 of 2023

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T.V.THAMILSELVI, J.

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rpp

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Crl.O.P.Nos. 20032 & 20036 of 2023

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23.11.2023

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Page 4 of 4

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https://www.mhc.tn.gov.in/judis

Elaya @ Elavarasan v. Inspector of Police

Case brief

What is this about?

What did the court decide?

Elaya @ Elavarasan v. Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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