Ashwin Thomas v. The Central Rep By

Crl.O.P.No.26373 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 27.04.2021 at the hands of the respondent for the offences punishable under Sections 8(c) r/w 22 (c), 23, 28 and 29 of NDPS Act, in CC.No.299 of 2022 on the file of the respondent, seeks bail.

2. The case of the prosecution is that when the respondent Police and their team went on secret search, they found that the petitioner along with other accused were found in possession of 990 grams of Amphetamine which was placed inside the cricket knee pads and hand gloves. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is only the person who brought the consignment for courier and he is an innocent person and he is no way connected with the alleged offence as alleged by the prosecution. Hence, he sought for bail to the petitioner. 1/3

4. The learned Special Public Prosecutor for NCB would submit that it is seen from the records that the accused persons have packed the contraband in the cricket knee pads and couriered it to Auckland, Newzealand. That apart, petitioner also accompanied the first accused and purchased the contraband. Thereafter, when they intend to courier the same to the Auckland, Newzealand, respondent, on secret information seized the contraband from the accused and arrested them and it is commercial quantity. Hence, he vehemently opposed to grant bail to the petitioner.

5. It is seen that this court already dismissed the bail petition filed by the petitioner in Crl.OP.No.12368 of 2022 on 07.06.2022 and this is the second bail petition. However, there is no change of circumstances in the case. As such, this Court is not inclined to grant bail to the petitioner. 6.

Accordingly, this Criminal Original Petition is dismissed. 16.11.2022 lok 2/3

G.K.ILANTHIRAIYAN, J.

lok Crl.O.P.No.26373 of 2022 16.11.2022 3/3