Petitioners entitled to statutory bail under the NDPS Act due to completion of investigation and previous co-accused bail grants.

ORDER

This Criminal Revision has been filed by the petitioners, to set aside the order dated 09.12.2024 passed in Crl.M.P.No.13706 of 2024 on the file I Additional Special Judge, Principle Special Court Under EC and NDPS Act Cases, Chennai and enlarge the Petitioners on statutory/default bail.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and perused the materials placed before this Court.

3. The learned counsel for the petitioners / A1 and A3, submitted that they were falsely implicated in this case and are ready to abide by any conditions imposed by this Court. He further stated that the contraband involved is of intermediate quantity, approximately 1.712 grams (commercial quantity being 500 grams). He also submitted that the petitioners have been in custody since

16.06.2024 and prayed for statutory bail.

4. The learned prosecution raised an objection, stating that a total of 11 accused are involved, of which the petitioners are arrayed as A1 and A3. At the time of the alleged occurrence, 10 mg of Nitrovit tablets were recovered from the accused persons. As of now, except for these two petitioners, bail has been granted to the other accused. The final report has been filed. In respect of A1, he has 12 previous cases, including 2 under the NDPS Act and 1 under Section 302 IPC. In respect of A3, he has 2 cases under Section 302 IPC and 3 under the NDPS Act. Some of these cases are pending trial, while in others, bail has been availed.

5. Considering the facts and circumstance, as of now, the petitioners have been in custody since 16.06.2024. The final report has already been filed, and the contraband involved is 1.72 grams, which falls under the intermediate quantity. Since the investigation is complete, this Court is inclined to grant bail to the petitioners. Accordingly, the order made in Crl.M.P.No.13706 of 2024 dated 09.12.2024 passed by the learned I Additional Special Judge, Principle Special Court under EC and NDPS Act Cases, Chennai, is hereby set aside.

This Criminal Revision case stands allowed.