Abhiram v. Intelligence Officer

T.V.THAMILSELVI, J.

The petitioner who is an accused in C.C.No.314 of 2023 on the file of the learned Principal Special Judge for NDPS and EC Act cases, Chennai seeks bail. The petitioner was arrested and remanded to judicial custody on 03.09.2022.

2.Originally, NCB F.No.48/1/2022-NCB/MDS had been registered by the respondent Police under Sections 8(c) r/w 20(b)(ii)(c), 27A, 28 and 29 of NDPS Act.

3.The case of the prosecution is that on receipt of secret information, the respondent police waylaid a Toyota Etios Car bearing registration No.KL 01 BN 5222 at Chennai Vandalur Bypass Road on 24.07.2022 and seized 65.540 kgs of ganja.

4.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that there is no recovery from this petitioner and the co-accused namely A4 had been granted bail. He would further submit that the petitioner is prepared to abide by any

stringent condition that may be imposed by this Court and therefore, he prays for grant of bail to the petitioner.

5.The learned Government Advocate (crl.side) appearing for the respondent Police would submit that the total quantity of contraband recovered is 65.540 kgs of ganja and the same was recovered from the Toyota Etios Car bearing registration No.KL 01 BN 5222. He would further submit that as per the direction of this petitioner and A4, A1 and A2 had transported the contraband from Kerala to Andhra Pradesh for procurement of seized ganja. He would further submit that there are 8 previous cases against the petitioner. He would also submit that the seized contraband is commercial quantity and the petitioner has not satisfied the conditions under Section 37 of NDPS Act. Hence, he opposed for grant of bail to the petitioner.

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 and that the petitioner had received frequent phone calls from A1 and A2, from whom, the contraband was seized, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition stands dismissed.

12.04.2024 vkr

T.V.THAMILSELVI, J.

vkr 12.04.2024