High Court rejected bail for a petitioner accused of possessing 22kg dry ganja under the NDPS Act, finding commercial quantity and lack of changed circumstances prevented bail under S.37, but directed trial court to conclude trial within six months.
Bail rejected. Trial court directed to complete trial and dispose of case on merits within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No. 8817 of 2023
Crl.O.P.No. 8817 of 2023
G.K.ILANTHIRAIYAN, J.
The petitioner, who was arrested and remanded to judicial custody on 01.02.2022 for the alleged offence under Section 8(c) r/w 20(b)(ii)(C), 25, 29(1) of NDPS Act in Crime No.4 of 2022 on the file of the respondent police, seeks bail.
Crl.O.P.No. 8817 of 2023
case. He would submit that even according to the prosecution, 11 packets each containing 2 kgs., however, the respondent police failed to weigh the contraband. He would submit that investigation is almost completed and that the petitioner has been suffering incarceration for more than one year from 01.02.2022. Hence, he prayed to grant bail to the petitioner.
respondent would submit that this is the fifth petition seeking for bail by he petitioner and now after completion of investigation, the respondent filed a charge sheet, which was taken on file in C.C.No.119 of 2022 on the file of II Addl. Special Judge, NDPS Act, Chennai. Now, the trial was commenced and the prosecution has to examine some more witnesses. Hence, he vehemently opposed to grant bail to the petitioner.
Crl.O.P.No. 8817 of 2023
submissions made by both counsel and also the fact that there are materials to attract the offence as against the petitioner and he has failed to satisfy the twin conditions as contemplated under Sec.37 of NDPS Act and the fact that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, since the petitioner is in custody from 01.02.2022, the trial court is directed to complete the trial and dispose the case on merits and in accordance with law within a period of six months from the date of receipt of copy of this order.
04.05.2023
rpp
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Crl.O.P.No. 8817 of 2023
G.K.ILANTHIRAIYAN, J.
rpp
Crl.O.P.No. 8817 of 2023
04.05.2023
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3 issues framed by the court
Whether bail should be granted to a second accused facing commercial quantity NDPS charges after investigation completion with no change of circumstances.
Whether the petitioner has satisfied the twin conditions under Section 37 of the NDPS Act to warrant release on bail.
What direction can be issued to the trial court for expediting the trial of a pending NDPS case.
1 provisions across 1 enactments
G.K. ILANTHIRAIYAN
State represented by Police
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
