Rasu Kumar v. The State Rep By

T.V.THAMIILSELVI, J., The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(c), 20(b)(ii)(C) and 25 of NDPS Act, in Crime No.863 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that only based on the confession of the co-accused in this case, the petitioner's name has been included in the FIR and there is absolutely no recovery from the petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

3. The learned Government Advocate (Crl.Side) appearing for the respondent raised objection stating that there are totally 3 accused in this case and that the petitioner is ranked as A3. During the course of investigation, it revealed that A2 and A3/the petitioner herein, used to purchase commercial quantity of Ganja from Andhra Pradesh and transported the same by using Eicher Vehicle along with some other load in a concealed manner and handed

over the same to A1. In turn, A1 used to sell the Ganja in plastic covers to the college students. On the date of occurrence, A1 was arrested and the total contraband seized from A1 is 94 kgs. of Ganja, which is a commercial quantity and that the petitioner/A3 and A2 absconded from the scene of occurrence. Now the investigation in this case is completed and the final report has also been filed.

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

5. Considering the facts and circumstances of the case and the gravity of offence and also taking into account the quantity of contraband involved in this case which is a commercial quantity, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 21.06.2024 ssi

T.V.THAMIILSELVI, J., ssi 21.06.2024