Kethishwaran v. Union Of India Narcotic Control Bureau

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 09.02.2022 for the offences punishable under Sections 8(c) r/w 22(c) and 29 of NDPS Act, in R.R.No.06 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on receiving a secret information, respondent Police along with his team went to the scene of occurrence, at that time, the petitioner along with other accused were found in illegal possession of 11 kgs of white crystalline substance believed to be Amphetamine and the same was seized from the first petitioner. Hence the complaint.

3. Learned counsel for the petitioner submitted that based on the confession statement of A1, the petitioner has been falsely implicated in this case. He further submits that there is no communication between

the first petitioner and this petitioner, when he was coming from Chennai for his friend's marriage, he was arrested and he was also not in the scene of occurrence. Hence, the petitioner, is no way connected with the case and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner is in custody from 09.02.2022. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) submitted that the petitioner along with other accused were found in illegal possession of 11 kgs of Amphetamine and the same was seized from the first accused. He further submits that the petitioner is a Srilankan and if the petitioner is enlarged on bail, he will flee from the clutches of Indian Law. He further submits that the investigation is almost completed. He further submits that if the petitioner is granted bail at this stage, there is a possibility of tampering the evidence. Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl.Side) and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case and also taking note of the quantity of the contraband which is a commercial quantity, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition stands dismissed. 08.02.2023 drl T.V.THAMILSELVI, J.

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08.02.2023