A person arrested on execution of a PT warrant after absconding for about ten months despite earlier bail sought regular bail in an NDPS case involving alleged possession of ganja, with trial underway. The court declined bail, noting the prior absconding and progress of the trial, and dismissed the petition.
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Crl.O.P.No. 323 of 2024
Crl.O.P.No. 323 of 2024
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 04.09.2023 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C), 25 of NDPS Act, 1985 in Crime No.35 of 2020 on the file of the respondent police pending trial in Spl. S.C. No.7 of 2012 on the file of learned Special Judge for EC/NDPS Act Cases, Salem, seeks bail.
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Crl.O.P.No. 323 of 2024
subsequently, the learned Magistrate issued non bailable warrant against the petitioner, thereby he was detained under PT warrant on 04.09.2023 on execution of non-bailable warrant and he is in judicial custody for four months. He would submit that he is an innocent person and he has been falsely implicated in this case and he has not at all committed any offence. He would submit that he is ready to abide any condition that may be imposed by this court and he is ready to appear before the Court regularly and to co-operate for the trial. Hence, he prayed to grant bail to the petitioner.
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Crl.O.P.No. 323 of 2024
if he is released on bail, he may abscond and there is possibility of hampering the investigation. Therefore, he vehemently opposed to grant bail to the petitioner.
submissions of both sides and also the fact that after granting bail by the trial court, for more than 10 months he absconded and after securing him only, there is a progress in the trial and now the case is posted for examination of L.W.1 on 24.02.2024, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
07.02.2024
rpp
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Crl.O.P.No. 323 of 2024
T.V.THAMILSELVI, J.
rpp
Crl.O.P.No. 323 of 2024
07.02.2024
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1 issue framed by the court
Whether a bail-jumper rearrested under a PT warrant for an NDPS offence should be granted regular bail pending trial.
3 provisions across 1 enactments
Petitioner in Crl.O.P.No. 323 of 2024 (A1)
Respondent police
T.V.ThamilSelvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
