Godugu Raju v. Union Of India Rep By Intelligence Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Godugu Raju S/o. Godugu Ellaiah, 18-5/127/2, Kasikunta, Kareembed, Warrangal District, Telangana State.

Petitioner(s) Vs

1. Union of India Rep by Intelligence Officer, Narcotics Control Bueau, Chennai Zonal Unit Chennai-77 NCB F.No.48/1/02/2020-NCB/MDS Respondent(s) PRAYER To enlarge the petitioner on bail pending trial in C.C.No.87/2020 on the file or Special Judge Ist Additional Special Court for Exclusive Trial of Cases Under NDPS Act, Chennai.

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For Petitioner(s):

M/s.M.Roselet Helen For Respondent(s):

Mr. N.P.Kumar, Special Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.02.2020 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(c), 28 and 29 of NDPS Act, in NCB Fno.48/1/02/2020-NCB/MDS) on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 05.02.2020 around 11.00 a.m., on a secret information about the illegal transportation of ganja, the respondent police along with his team went to the scene of occurrece, wherein they intercepted the petitioner, however, on seeing them, he tried to escape from there and they caught hold of him. On search, the petitioner along with other accused found in possession of 191.400 kgs. of ganja and seized the same. Hence, the complaint.

3. The learned counsel for the petitioner submitted that there is no recovery from this petitioner and he is an innocent person and he is no way connected with the case. He would submit that he has not at all committed any offence as alleged by the respondent police and he was not present at the scene 2/5

of occurrence. He would submit that the investigation is almost completed and he would abide by any condition that may be imposed by this court and he is in judicial custody from 05.02.2020 for more than 6 years. Hence, he prayed to grant bail to the petitioner.

4. The learned Special Public Prosecutor appearing for respondent would submit that the respondent police recovered the contraband of 191.400 kgs. of ganja from the scene of occurrence, which is a commercial quantity. He would submit that totally three accused involved in this case and he is arrayed as A1. He would also submit that now the trial is commenced and all the witnesses are examined and they have to be cross-examined, but he is not cooperating with the trial proceedings. He would submit that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation is still pending and the case is posted on 16.09.2025 and he is hailing from the State of Telengana. Hence, he vehemently opposed to grant bail to the petitioner.

5. On seeing the facts, in the scene of occurrence, the respondent police found the petitioner was in possession of 191.400 kgs of ganja illegally without any valid license and the same was recovered, thereby the petitioner has actively participated in the offence. Considering the facts and circumstances of the case and the submissions made by both counsel, considering the gravity of offence committed by the petitioner by transporting ganja, also the fact that 3/5

investigation is still pending and he is hailing from the State of Telengana and now the trial is also commences, wherein all the witnesses examined and they have to cross-examine them, but he is not cooperating with the trial proceedings and now the case is posted on 16.09.2025 and trial is to be completed. Hence, at this stage if he is released on bail, he may abscond and there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

11-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. Special Judge, II Addl. Special Court for Exclusive Trial of cases under NDPS Act, Chennai.

2. Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai.

3. The Public Prosecutor, High Court, Madras. 4/5

T.V.THAMILSELVI J.

rpp CRL OP No. 21166 of 11-09-2025 5/5