Bail petition by A1 arrested with 327.87 kgs of ganja transported in a lorry, in custody over two years five months with trial barely commenced. Court found active participation, gravity of offence, risk of tampering and no change of circumstances; dismissed the petition but directed expeditious completion of trial.
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Crl.O.P.No. 26291 of 2023
Crl.O.P.No. 26291 of 2023
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 19.07.2021 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C), 27 A, 28 and 29 of NDPS Act, pending trial in C.C.No.82 of 2022 on the file of I Addl. Special Judge, Special Court for EC/NDPS Act Cases, Chennai in R.R. No. 17 of 2021 on the file of the respondent police, seeks bail.
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Crl.O.P.No. 26291 of 2023
that 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 he is only a driver in the vehicle and no previous case pending against him. He would submit that the investigation is almost completed and he would abide by any condition that may be imposed by this court and co-accused was granted bail. He would submit that now he engaged the counsel to contest the case. Hence, he prayed to grant bail to the petitioner.
would submit that from the petitioner's vehicle, the contraband of 327.87 kgs. of Marijuana (ganja) was recovered. He would submit that totally, 3 accused involved in this case and the petitioner is arrayed as A1 in this case and A3 is still absconding. He would submit that now the trial was begun and charges are framed and P.W.1 was examined. He would submit that he has not engaged his counsel till the date of hearing 06.11.2023 and now only he engaged counsel. 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
Crl.O.P.No. 26291 of 2023
vehemently opposed to grant bail to the petitioner.
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rpp
Crl.O.P.No. 26291 of 2023
02.01.2024
T.V.THAMILSELVI, J.
rpp
Crl.O.P.No. 26291 of 2023
02.01.2024
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1 issue framed by the court
Whether bail should be granted to the petitioner arrested for transporting 327.87 kgs of ganja under the NDPS Act.
1 provisions across 1 enactments
Petitioner (A1 in C.C.No.82 of 2022)
Respondent Police
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
