Sidagam Veera Venkata Lova Kumar v. Intelligence Officer

Crl.O.P.No.16029 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 14.02.2023, in R.R.No.3 of 2023 on the file of the respondent police, registered for the alleged offence punishable under Sections 8(c) r/w 20(b)(ii)(C), 28, 29(1) of NDPS Act, seeks bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, as if the petitioner along with other accused was found in possession of ganja. He further submitted that the co-accused/A2 was released on bail. He further submitted that the petitioner is in no way connected with the alleged offence as alleged by the prosecution. He further submitted that the petitioner is suffering incarceration from 14.02.2023 and he is ready to abide any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that based on the specific information received by the NCB, the petitioner along with other accused were found to be involved in illegal drug trafficking of 438.400 kgs of ganja through a cab bearing Reg.No.AP05-TA-4428. The contraband involved in this case is of T.V.THAMILSELVI, J.

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drl commercial quantity. He further submitted that the petitioner alleged to have opened the middle portion of the roof top of the vehicle with the screw driver wherein the contraband alleged to have been concealed and he is the driver of the said vehicle. Based on the confession statement of the petitioner, he knows only Telugu language and he is running a auto since last one and half year. He further submitted that the investigation has been completed and the charge sheet has also been filed and the trial is also commenced. However, he vehemently opposed for the grant of bail to the petitioner.

4. Taking into consideration the petitioner/accused has not satisfied the twin condition required under Section 37 of the NDPS Act, the release of the accused at this stage would hamper, the trial, and also considering the quantity of the contraband seized from the petitioner is a commercial quantity, and it needs detailed investigation, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition stands dismissed. 02.08.2024 drl Crl.O.P.No.16029 of 2024 https://www.mhc.tn.gov.in/judis