This court rejected a bail application in an NDPS case, holding that the petitioner, a repeat offender, did not satisfy statutory conditions under the NDPS Act. Proceedings were expeditiously directed for trial completion.
Bail application dismissed; Trial court directed to permit petitioner's counsel and complete trial at earliest.
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Crl.O.P.No.6296 of 2024
T.V.THAMILSELVI, J.
The Criminal Original Petition has been filed seeking to enlarge the petitioner on bail in in C.C.No.170 of 2021, pending trial on the file of the learned I Additional Special Judge for NDPS Act, Chennai in connection with R.R.No.57 of 2020 registered for the offence under Sections 8(c), 20(b)(ii)(C),
25, 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.
the fifth application for bail filed by the petitioner before this Court. He also submitted that the co-accused/A1 in this case has been granted bail by the Hon'ble Supreme Court for the reason that the incarceration undergone by him was more than three years and the trial is not yet concluded. He further submitted that the petitioner was arrested only based on the confession of the first accused and no recovery was made from him. He also submitted that even the bank statement of the petitioner would go to show that there is nothing unusual transaction in his account and he is no way connected with the alleged offence. He further submitted that the petitioner is in custody from 24.03.2022,
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whereas, there is no progress in the trial and the petitioner was not at all produced by the prosecution before the Court, thereby, he sought for bail for the petitioner on the ground of long incarceration.
respondent raised objection for granting bail to the petitioner stating that it is the case where the accused were arrested for illegally transporting 288.500 kilograms of Ganja in the Eicher truck bearing Registration No.AP 05 Y 4473, which comes under commercial quantity. He further submitted that the first accused was released on bail by the Hon'ble Apex Court since he has no criminal antecedents. He also submitted that the petitioner, who is the owner of the truck, had purchased the truck only for the purpose of trafficking ganja from Andhra Pradesh to Tamil Nadu. He further submitted that the petitioner/A3 is having several previous cases including NDPS Act cases and he is a history sheeter known for Ganja trafficking. He also submitted that the trial in this case has been commenced and there are eight witnesses, out of which, four have already been examined in chief, however, some of them are
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not cross examined by the petitioner. He further submitted that there is no change in circumstances and the petitioner should not be treated as par with
the first accused. Further, the petitioner is a native of Andhra Pradesh, therefore, if he is released on bail, there is a possibility of him absconding and would derail the progress of the trial.
Special Public Prosecutor for NCB cases for the respondent and perused the materials available on record including the Counter filed by the respondent.
the case and the submissions made by the learned Special Public Prosecutor for NCB Cases and taking note of the previous antecedents of the petitioner and considering the fact that he has not satisfied the twin conditions required under Section 37 of NDPS Act, this Court feels that the petitioner herein stands on the different footing from the first accused. Therefore, this Court is not inclined to grant bail to the petitioner. However, the trial Court is directed to permit the petitioner to conduct his case by engaging a counsel and further, the trial Court is directed to complete the trial at the earliest.
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T.V.THAMILSELVI, J.
ham
24.04.2024
ham
Crl.O.P.No.6296 of 2024
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3 issues framed by the court
Whether bail should be granted to a repeat offender accused of NDPS offence despite prior bail granted to a co-accused.
Whether the petitioner satisfied the twin conditions of non-conviction and non-planting of evidence under Section 37 of NDPS Act.
Whether the trial court should be directed to proceed expeditiously due to long incarceration and delayed trial.
2 provisions across 1 enactments
T.V.THAMILSELVI
R.R.No.57 of 2020
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
