Ganeshbabu v. The State, Rep. By

Crl.O.P.No.23250 of 2023 Crl.O.P.No.23250 of 2023 C.V.KARTHIKEYAN,J.

The petitioner, who was arrested and remanded to judicial custody on 28.12.2022 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act in C.C.No.187 of 2023 on the file of Principal Special Court under EC and NDPS Act, Chennai, in Crime No.114 of 2022, seeks bail.

2. The learned counsel for the petitioner stated that petitioner has been arrayed as A3 in this case. He also stated that the petitioner is innocent and this case has been falsely implicated on the petitioner. Thus, he prays for grant of bail to the petitioner.

3. The learned Government Advocate (Criminal Side) stated that nearly about 235 Kilograms of Ganja had been seized from A2 and thereafter, further confession statement was recorded and it was revealed that the petitioner herein is the one, who financed the entire operation. He further stated that there is one previous case as against the petitioner herein. Petitioner was in custody at Sub Jail, Rajamundry and taken on Prisoner in Transit warrant. Thus, he prayed for dismissal of this petition.

C.V.KARTHIKEYAN,J.

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Crl.O.P.No.23250 of 2023 mkn2/sli

4. The learned counsel for the petitioner stated that the FIR reveals that the seizure was made in the presence of the respondent police and there were no independent witnesses available to witness the seizure. This issue has to be discussed during the course of trial.

5.Taking into consideration, the substantial quantity which has been seized and the fact that petitioner has one previous case pending against him, at this stage, I am not inclined to grant bail to the petitioner herein. Accordingly, this Criminal Original Petition stands dismissed. 10.10.2023 mkn2/sli Crl.O.P.No.23250 of 2023 2/2 https://www.mhc.tn.gov.in/judis