Dismissed

Kasilingam v. the Senior Intelligence Officer

Madras HC26 Sept 2024CRL OP/11037/2024

Case brief

AI extract

What is this about?

Bail petition dismissed due to gravity of offence involving commercial quantity of methamphetamine, partial hearing of witnesses, and risk of tampering. Trial court directed to conclude proceedings within three months.

What did the court decide?

Bail dismissed; trial directed to be completed within three months.

What the court decided

Kasilingam Vs the Senior Intelligence Officer — Narcotics (NDPS) | Madras HC (2024)

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Crl.O.P.No. 11037 of 2024

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Crl.O.P.No. 11037 of 2024

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T.V.THAMILSELVI, J.

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The petitioner, who was arrested and remanded to judicial custody on 23.12.2021 for the alleged offence under Sections 8(c) r/w 22(c), 28 and 29 of NDPS Act, pending trial in C.C.No.123 of 2022 on the file of 1^st Addl. Special Judge for EC and NDPS Act Cases, Chennai, seeks bail.

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The case of the prosecution is that on 23.12.2021, a secret information about the illegal transportation of ganja, the respondent police along with his team intercepted the petitioner's vehicle. On search, the petitioner along with other accused found in possession of 1 kg. of Methamphetmine and on the confession of A2 in this case, they have further seized another 1 kg. of Methamphetamine from his residence and seized the same. Hence, the complaint.

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The learned counsel for the petitioner submitted that this is the

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fourth petition seeking for bail and he is in judicial custody for more than

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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.No. 11037 of 2024

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one year 2 ½ years from 23.12.2021. He would submit that inspite of the direction by this court, there is slow progress in the trial. He would submit that he is aged about 72 years old and there is no recovery from this petitioner and he is an innocent person and he is no way connected with the case. He would submit that he has not at all committed any offence as alleged by the respondent police and he was not present at the scene of occurrence. He would submit that the investigation is almost completed and he would abide by any condition that may be imposed by this court. Hence, he prayed to grant bail to the petitioner.

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The learned Special Public Prosecutor appearing for respondent would submit that from the petitioner's vehicle, the contraband of 1 kg. of methamphetamine and another 1 kg. of methamphetamine from his house on the confession of A2, which are commercial quantity. He would submit that now the trial was begun and totally 14 witnesses, in which so far 9 witnesses were examined and they have to examine two other witnesses and now the case is at the part-heard stage. He would submit that he was arrested in another case. He would submit that if he is released on bail, he would tamper the witnesses and hamper the investigation. Hence, he Page 2 of 4

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

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Crl.O.P.No. 11037 of 2024

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vehemently opposed to grant bail to the petitioner.

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Considering the facts and circumstances of the case and the submissions made by both counsel, considering the gravity of offence committed by the petitioner by transporting huge quantity of contraband, the petitioner also travelled in the vehicle, and the fact that now the trial was begun and totally 14 witnesses, in which so far 9 witnesses were examined and they have to examine two other witnesses and now the case is at the part-heard stage and at this stage, if he is released on bail, there is possibility of tampering the witnesses and hampering the investigation 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, there is a slow progress in the trial, the trial court is directed to complete the trial and dispose the within a period of three months from the date of receipt of copy of this order, since the accused is aged about 72 years and he is in judicial custody for more than 2 ½ years.

rpp

26.09.2024

Page 3 of 4

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

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Crl.O.P.No. 11037 of 2024

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T.V.THAMILSELVI, J.

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rpp

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Crl.O.P.No. 11037 of 2024

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26.09.2024

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Page 4 of 4

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

Kasilingam v. the Senior Intelligence Officer

Case brief

What is this about?

What did the court decide?

What the court decided

Kasilingam v. the Senior Intelligence Officer

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

Coram

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