The High Court dismissed a bail petition filed by a petitioner arrested under the NDPS Act for alleged drug trafficking involving 3 kgs of hashish. The Court noted the commercial nature of the quantity and the risk of witness tampering.
Petitioner's bail prayer dismissed; Crl.O.P. dismissed with no order as to costs.
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Crl.O.P.No. 29623 of 2022
Crl.O.P.No. 29623 of 2022
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 14.04.2021 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C), 23(c), 28 and 29 of NDPS Act in R.R. No.7 of 2021 on the file of the respondent police in N.C.B.F.No.48/1/04/2021/NCB/MDS, seeks bail.
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Crl.O.P.No. 29623 of 2022
substance seems to be 3 kgs. of Hashish. On enquiring her, she revealed that she had received the said purported contraband from A2 on the instructions of this petitioner/A3. Accordingly, the complaint was registered against the petitioner.
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Crl.O.P.No. 29623 of 2022
A1, he was implicated as accused in this case and no recovery made from this petitioner. He would submit that the respondent completed the investigation and filed charge sheet before the trial court in C.C.No. 256 of 2021. He would submit that he has not at all committed any offence as alleged by the respondent police and he is no way connected with the occurrence. He would further submit that the petitioner has been suffering incarceration for more than one year from 14.04.2021. He would submit that alleged contraband was seized from A1 Karpagam and not from this petitioner and to that effect, he has produced mahazar. Hence, he prayed to grant bail to the petitioner.
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Crl.O.P.No. 29623 of 2022
petitioner belong to Telengana and he has arranged money to purchase the contraband. He would submit that now the investigation is completed and the charge sheet filed in C.C.No. 256 of 2021, on the file of II Addl. Special Court for NDPS Cases at Chennai and if he is released on bail, he would tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioner.
Crl.O.P.No. 29623 of 2022
and now the charge sheet filed in C.C.No. 256 of 2021, on the file of II Addl. Special Court for NDPS Cases at Chennai and trial would be commenced and also considering the fact that if he is released on bail, there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
31.01.2023
rpp
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Crl.O.P.No. 29623 of 2022
T.V.THAMILSELVI, J.
rpp
Crl.O.P.No. 29623 of 2022
31.01.2023
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2 issues framed by the court
Whether bail should be granted to the petitioner who is in judicial custody for alleged NDPS offences involving a commercial quantity of drugs.
Whether there are sufficient grounds to believe that the petitioner would tamper with witnesses if released on bail.
T.V.Thamilselvi
NCB
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
