Third bail application by an accused arrested on 23.12.2021 for transporting and possessing methamphetamine, a commercial quantity under the NDPS Act. The trial had not concluded despite an earlier direction to complete it within eight weeks. The Court declined bail, noting no change of circumstances.
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.3435 of 2024
Crl.O.P.No.3435 of 2024
T.V.THAMILSELVI,J.
The petitioner, who was arrested and remanded to judicial custody on 23.12.2021 in C.C.No.123 of 2022 pending on the file of the learned 1st Additional Special Judge for EC and NDPS Act Cases, Chennai, for the alleged offences punishable under Sections 8(c) r/w 22(c), 28, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, seeks bail.
Page 1 of 4
Crl.O.P.No.3435 of 2024
with a direction to complete the trial within a period of eight weeks from the date of receipt of a copy of that order dated 02.11.2023, however, there is no progress in the trial. He further submitted that the petitioner is aged about 71 years and he is suffering incarceration from 23.12.2021. Hence, he prays for grant of bail to the petitioner.
the petitioner along with the other accused were illegally transported one kilogram of Methamphetamine in their vehicle and further, one kilogram of Methamphetamine was seized from the residence of the accused, which are commercial quantity. He further submitted that the trial is there are five witnesses in this case and the case stands posted for examination of LW5 and there is no change of circumstances. Therefore, he opposed for grant of bail to the petitioner.
Special Public Prosecutor for DRI cases and perused the entire materials available on record.
Page 2 of 4
Crl.O.P.No.3435 of 2024
and the submissions made by the learned Special Public Prosecutor for DRI cases that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.
04.04.2024
ham
Page 3 of 4
Crl.O.P.No.3435 of 2024
T.V.THAMILSELVI,J.
ham
Crl.O.P.No.3435 of 2024
04.04.2024
Page 4 of 4
1 issue framed by the court
Whether the petitioner, in custody since 23.12.2021 for NDPS commercial quantity offences with no change of circumstances, should be granted bail.
1 provisions across 1 enactments
Petitioner (accused in C.C.No.123 of 2022)
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
