The petitioner sought bail in an NDPS case involving 22 kg of ganja. The Court found the quantity commercial and the petitioner failed to satisfy Section 37 conditions. The Court attributed trial delay to the accused's failure to engage counsel. The petition was dismissed with a direction to complete trial by a specific date.
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.953 of 2024
Crl.O.P.No.953 of 2024
A.D.JAGADISH CHANDIRA , J.
The petitioner (A2) who was arrested and remanded to judicial custody on 11.03.2023 in C.C.No.624 of 2023 pending trial on the file of the learned II Additional Special Judge for EC & NDPS Act Cases, Chennai, in connection with Crime No.6 of 2023 registered for the offences punishable under Sections 8(c) r/w 20(b) (ii) (C) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985, seeks bail.
of a secret information regarding illegal sale of ganja, the respondent along with his team, had gone to the scene of occurrence i.e., nearby Orgadam Junction, Sriperumbudur to Chengalpattu Road, wherein, they found that the accused were in illegal possession of 22 kilograms of Ganja. The respondent has arrested the accused persons, seized the contraband under the cover of seizure mahazar and obtained confession
Page 1 of 6
Crl.O.P.No.953 of 2024
statements from them and registered a case in Crime No.6 of 2023. After completion of investigation, final report has been filed and the case has also been taken up for trial in C.C.No.624 of 2023, on the file of the learned II Additional Special Judge, Special Court for EC & NDPS Act Cases, Chennai.
the petitioner is an innocent person and this is the fourth application for bail filed by the petitioner. He further submitted that this Court, while dismissing the earlier bail application on 25.08.2023 in Crl.O.P.No.19565 of 2023, had directed the trial Court to complete the trial as expeditiously as possible, preferably, within a period of four months from the date of receipt of a copy of that order. Despite the direction of this Court, the trial is not completed and the petitioner is suffering incarceration from 11.03.2023. He further submitted that there are also discrepancies with regard to taking of samples, which would go to the root of the case. He also submitted that no previous case is pending against the petitioner and he is ready to abide by any stringent conditions
Page 2 of 6
Crl.O.P.No.953 of 2024
that may be imposed by this Court. Hence, he sought for bail for the petitioner.
Page 3 of 6
Crl.O.P.No.953 of 2024
delay in the trial. He also submitted that the prosecution is not responsible for the delay and the petitioner is the person who is responsible for the delay in the trial. Further, there are six witnesses in this case and therefore, if a specified time frame is fixed by this Court, the respondent will be able to examine all the witnesses. Hence, he vehemently opposed for grant of bail to the petitioner.
Government Advocate (Crl.Side) for the respondent and perused the materials available on record.
7 It is the case, where, the petitioner along with other accused
was found to be in illegal possession of 22 kilograms of Ganja, which is a commercial quantity. Thereby, this Court, taking into consideration the huge quantity of contraband of involved in this case, had dismissed the earlier applications with a direction to the trial Judge to complete the trial as expeditiously as possible, preferably, within a period of four months from the date of receipt of a copy of this order. However, it is stated by
Page 4 of 6
Crl.O.P.No.953 of 2024
the prosecution that the accused are causing delay in the trial by not engaging a counsel to defence their case and further stated that the prosecution is not responsible for the delay in the trial.
12.01.2024
ham
Page 5 of 6
Crl.O.P.No.953 of 2024
A.D.JAGADISH CHANDIRA, J.
ham
Crl.O.P.No.953 of 2024
12.01.2024
Page 6 of 6
2 issues framed by the court
Whether the petitioner satisfies the twin conditions under Section 37 of the NDPS Act for grant of bail regarding commercial quantity of ganja?
Whether the delay in trial is attributable to the prosecution or the accused?
2 provisions across 1 enactments
A.D.JAGADISH CHANDIRA
Petitioner
A.D.JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
