Vishwa v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN VISHWA ... Petitioner/Accused Vs.

State through The Inspector Of Police Pew RK Pet Police Station, Tiruvallur District (Crime No. 386/2024) ... Respondent PRAYER: This Criminal Original Petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.386 of 2024 on the file of the respondent police.

For Petitioners :

Mr.P.Muthamizhselvakumar For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 30.12.2024, seeking bail Page No.1 of 4

in Crime No.386 of 2024 registered for the offence under Sections 8(c), 20(b)(ii)(B), 29(1) of NDPS Act.

2.The case of the prosecution is that on 30.12.2024, based on the secret information, the respondent and his team went to the place of occurrence and made the search and found the petitioner along with other accused was in possession of 15 kgs of ganja. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that based on the confession of the arrested accused A1 and A2, this petitioner was arrayed as an accused in this case. He further submits that the petitioner is suffering from incarceration from 30.12.2024, and he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The respondent has filed a detailed counter. 5.Learned Government Advocate (Crl.Side) appearing for the Page No.2 of 4

respondent police submitted that there are totally five accused in this case and the petitioner herein is ranked as A3. He further submits that the entire contraband was seized from A1 and A2, which is a commercial quantity, and this petitioner has paid 27,000/- to A1 through G-pay to purchase the contraband. Though the petitioner was arrested and remanded to judicial custody, based on the confession of A1 and A2, this petitioner is the main financial to purchase the ganja. He further submits that there are three NDPS cases and one case of other offence is pending against him. Hence, he strongly opposed for the grant of bail to the petitioner.

6. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

7.Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side), this Court is of the view that the seized contraband is a commercial quantity, and had paid a sum of Rs.27,000 to the first petitioner to purchase the Page No.3 of 4

G.K.ILANTHIRAIYAN, J.

drl contraband, this Court is not inclined to grant bail to the petitioner. Accordingly, the Criminal Original Petition stands dismissed. 14.02.2025 drl Copy to:

1. The Inspector Of Police Pew RK Pet Police Station, Tiruvallur District

2. The Public Prosecutor, High Court, Madras.

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