Dhanabackiyam v. State Rep By

C.V.KARTHIKEYAN,J.

The petitioners/A4 and A5 in Spl.C.C.No.87 of 2022, now pending before the Special Court for EC & NDPS Act Cases, Salem, seek bail. Originally, Crime No.647 of 2023 was registered for the offences under Sections 8(c),20(b)(ii)(C), 25, 29(1) of NDPS Act. A4 was remanded to judicial custody on 12.08.2022 and A5 was remanded to judicial custody on 05.12.2022.

2.It is the case of the prosecution that on information the respondent had gone to a place, Divya Theater at Salem and found a TATA Indica car bearing Regn.No.TN-22-AY-0318 and they found five white colour bags, each containing 20 kgs of ganja. A1 was arrested and the car and mobile was also seized. It is stated that A3 purchased ganja from Andhra Pradesh and A2 sold the same.

3.In the counter affidavit, it had been very specifically stated that as per instructions of A2, A3, A4 and A5 had transported dry ganja for their personal gain. It had also been stated that A4 was absconding

and was subsequently taken into custody on 12.08.2022. It had also been further stated that A5 was also subsequently taken into custody. The total quantity of ganja seized is 100 kgs which is commercial in nature. It is also stated that final report had been filed and the same was taken cognizance and trial is now pending in Spl.C.C.No.87 of 2022. 4.All the aspects relating to the defence can be taken up during the course of trial. At this stage, I am not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed. 13.03.2024 ata C.V.KARTHIKEYAN,J.

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13.03.2024