BOOMINATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 28/7/2019 for the alleged offences punishable under Ss. 22(c), 25, 27A, 28 and 29 r/w 8(C) of NDPS Act, pending trial in C.C.No.14 of 2020 in respect of F.No.DRI/CZU/VIII/48/ENQ-1/INT-25/2019 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that on 27/7/2019, on specific information, the respondent Police made surveillance check near Vanagaram Toll Booth and found the petitioner with two bags along with one Valli, and trying to board a bus. On examination, they found that the petitioner was in possession of 10.61 Kgs of Methamphetamine and nothing was found in Valli's bag. Hence, the complaint.

(3.) The learned counsel appearing for the petitioner submitted that there are totally two accused, in which the petitioner is arrayed as A1. The 2nd accused was arrested and subsequently, he was released on bail by the Hon'ble Supreme Court of India, considering the period of incarceration. As far as the petitioner is concerned, he was arrested and remanded to judicial custody on 28/7/2019. So far, the prosecution had examined only one witness as P.W.1. Though this Court directed the Trial Court to complete the trial within a period of six months in the earlier order, the Trial Court could not complete the trial within the time stipulated by this Court. Again, the petitioner filed another application for bail and the same was also dismissed by this Court, by an order dtd. 27/2/2023, and this Court directed the Trial Court to complete the trial within a period of six months. Even then, the Trial Court failed to complete the trial. Therefore, he vehemently contended that to consider the period of incarceration from the date of his arrest i.e., on 28/7/2019, on the very same ground, the 2nd accused was granted bail by the Hon'ble Supreme Court of India.