Prakash v. State Rep By,

Crl.O.P.No.15096 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 10.01.2022 at the hands of the respondent police for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 28 and 29 of Narcotic Drugs & Psychotropic Substances Act, 1985 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that when the respondent Police and their team went on a secret search, they found that the petitioner was in possession of 369 Kgs of Ganja. Hence the complaint.

3. The learned counsel for the petitioner would submit that there are two vehicles, which were intercepted by the respondent, and the vehicle viz., Bolero Pickup, which was driven by A1, was found in possession of 369 Kgs of Ganja. Whereas, according to the petitioner, he followed the said vehicle by 1/4

Maruthi Suzuki Swift and that there was no recovery from the petitioner. He further submitted that on 05.07.2022 his father expired and the petitioner was arrested and remanded to judicial custody on 10.01.2022. Hence, he sought for bail to the petitioner.

4. Per contra, the learned Special Public Prosecutor filed a counter stating that based on specific information, both the vehicles were intercepted by the respondent and conducted search. The petitioner is arrayed as A2. He along with the 3rd accused travelled in the Maruti Suzuki Swift car following the 1st vehicle, which was driven by A1. According to the prosecution is only to transfer the entire contraband to sale in favour of A4 to A10 on the petitioners insistance. That apart, the petitioner is involved in another case and now it is pending for trial in C.C.No.20 of 2022 for a similar offence. A1 to A3 were jointly in conscious possession of contraband waiving 360 Kgs. It is a commercial quantity. Hence, he vehemently opposed to grant bail to the petitioner.

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5. Taking into consideration the above facts and circumstances of the case and the petitioner was also in possession of the contraband and as the twin conditions as contemplated under Section 37 of the NDPS Act are not satisfied before this Court, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 07.07.2022 Lpp 3/4

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.15096 of 2022 07.07.2022 4/4