Ganesan v. Inspector Of Police

Crl.O.P.No.3729 of 2022 DR.G.JAYACHANDRAN The petitioner, who was arrested for the offences punishable under Sections 8(c) r/w 20(b) (ii) (c) and 29(1) of N.D.P.S.Act, in Crime No.36 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused was found in possession of 21 kilograms of Ganja and he was arrested at Central Railway Station, Plat Form No.6, when the petitioner along with other accused were standing in a suspicious manner.

3. The learned counsel for the petitioner would submit that the sample was not drawn as per the protocol and he further submitted that the seized contraband (ganja) has not sent immediately for analysis test.

4. The quantity of contraband (ganja) seized is doubtful to verify whether there is any monetary violence or any other reason to suspect the arrest and hence this Court called for CD file from the respondent/Investigating Officer who is present today. 1/3

5. On Perusal of the CD file indicates that on 12.10.2021 at about 11.30.p.m., the petitioner along with the other accused were found in a suspicious manner by the Railway Police and therefore the Railway Police has first interrogated the petitioner and the co-accused, they were found in possession of 21 Kilograms of Contraband (Ganja) from the bag they possessed.

6. After drawing two samples of each 50 grams, the matter has been informed to the NIB-CID, Chennai for further course of investigation. On phase of the records, this Court finds that there is no monetary violation or suspicious circumstances to held that the petitioner is not guilty of the offence.

7. In view of the above observations, this Criminal Original Petition is dismissed.

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DR.G.JAYACHANDRAN, J.

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