JASHEER RAZAK Vs. UNION REP. BY INTELLIGENCE OFFICER

JUDGEMENT

(1.) The petitioner/A2 arrested and remanded to judicial custody on 27/1/2023 in connection with C.C.No.971 of 2023 for offence under Ss. 8(c), 20(b)(ii)(c), 23, 28 and 29 (1) of Narcotic Drugs and Psychotropic Substances Act, 1985 on the file of the I Additional Special Court for exclusive trial of cases under the NDPS Act, Chennai.

(2.) The learned counsel for the petitioner would submit that there are two accused in this case and the petitioner is A2. It is the submission of the learned counsel that on the request of petitioner's cousin one Mr.Fouzan Hassan, who was the resident of America the petitioner has shared his uncle's import and export license details on the premise that Mr.Fouzan Hassan is genuinely transporting kitchen sink worth about $1314. However, later on he came to know the foul play made by Mr.Fouzan Hassan in sending the cargo along with the contraband. The learned counsel would further submit that this petitioner as well as the another accused were arrested on 27/1/2023 and that they have moved bail applications, in Crl.OP.No.16884 and 16887 of 2025, in which, this Court dismissed the application on 20/8/2025. Aggrieved with the same, the co accused Jamaluddin filed an SLP before the Hon'ble Supreme Court in SLP.No.18601 of 2025, where the Hon'ble Supreme Court considering the long incarceration of the co-accused since 27/1/2023, and based on the non compliance of the direction of the High Court to complete the trial within a period of six months, released the co-accused.

(3.) It is the contention of the petitioner that he is entitled to seek parity as that of Jamaluddin [A1]. He would further submit that against the common order, when the first accused preferred an SLP, the Hon'ble Supreme Court took cognizance of the delay in conclusion of the trial and non compliance of the direction of this Court to complete the trial within a period of six months granted bail. Therefore, the petitioner who stands on the same footing is also to be enlarged on bail by placing parity. In order to claim parity, the learned counsel relied upon the judgment of the Hon'ble Supreme Court in Ashpak Basha Makandar Vs. The State of Maharashtra in Crl.A.No.973 of 2026.