Koruprolu Durga Prasad Rao v. Intelligence Officer,

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 24.03.2022 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c), 25, 28 and 29 of NDPS Act, in C.C.No.170 of 2021 on the file of the Special Judge, I Additional Special Court for Exclusive trial of cases under NDPS Act, Chennai.

2. The case of the prosecution is that based on a secret information that one Koruprolu Durga Prasad Rao/ A3 had procured 280 kgs of Ganja and concealed the same in his Eicher Truck and will be transporting through A1 and A2 from Andhra Pradesh to Trichy, the respondent Police intercepted the vehicle near Toll Plaza, Chennai and seized the contraband and also arrested the accused. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the vehicle and he is not present in the scene of occurrence and only based on the confession statement

recorded from the other accused, the petitioner has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner had procured 280 kgs of Ganja and concealed the same in his Eicher Truck and will be transporting through A1 and A2 from Andhra Pradesh to Trichy, the respondent Police intercepted the vehicle near Toll Plaza, Chennai and seized the contraband and also arrested the accused. He would further submit that the contraband involved in this case is commercial quantity. of ganja, which is a commercial quantity. Therefore, he vehemently opposed for grant of bail to the petitioner.

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

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 has not satisfied the conditions under Section 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition stands dismissed. 07.12.2022 vkr

T.V.THAMILSELVI, J.

vkr 07.12.2022