Bail application dismissed in an NDPS case involving 80 kgs of ganja. The single judge refused bail citing the commercial quantity of contraband and near-completion of investigation.
No relief granted; bail petition dismissed. Trial ordered to be completed within four months.
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Crl.O.P.No.2050 of 2023
Crl.O.P.No.2050 of 2023
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 06.08.2022 for the offences punishable under Sections 8(c) r/w 20(b) (ii) (C), 25 and 29(1) of NDPS Act, in Crime No.136 of 2022, on the file of the respondent police, seeks bail.
arrayed as A1. The case of the prosecution is that on receiving a secret information, respondent Police along with his team went to the scene of occurrence and they found the petitioner along with other accused were in illegal possession 80 kgs of ganja, 2 cell phones and a motor cycle from A1. The respondent has seized the contraband from the accused persons and registered a case against them. Hence the complaint.
contraband of 80 kgs of ganja by the respondent police is only from A2,
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Crl.O.P.No.2050 of 2023
in which, he is no way connected with the case and this is the second bail
application filed before this Court. He further submits that there is no property was recovered from this petitioner. He further submits that the petitioner is in custody from 06.08.2022. Hence, he prays to grant bail to the petitioner.
petitioner along with other accused were involved in illegal possession of 80 kgs of ganja, which is a commercial quantity. He also stated that the investigation was almost completed. He further submits that if the petitioner is granted bail at this stage, there is a possibility of tampering the evidence. Hence, he vehemently opposed to grant bail to the petitioner.
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Crl.O.P.No.2050 of 2023
case and also taking note of the quantity of the contraband which is a commercial quantity, this Court is not inclined to grant bail to the petitioner.
However, the learned trial Judge is directed to complete the trial as expeditiously as possible, preferable within a period of four months from the date of receipt of a copy of this order.
08.02.2023
drl
Copy To:
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Crl.O.P.No.2050 of 2023
T.V.THAMILSELVI, J.
drl
Crl.O.P.No.2050 of 2023
08.02.2023
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1 issue framed by the court
Whether bail should be granted to a commercial quantity offender accused under the NDPS Act when the investigation is nearly complete.
1 provisions across 1 enactments
T.V. Thamilselvi
State
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
