Sathishkumar v. Union Of Indian

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 09.02.2022 for the offences punishable under Sections 8(c) r/w 22(C) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 in NCB F.No.48/1/02/2022-NCB/MDS, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 07.02.2022, receiving a secret information, the respondent Police conducted a search, wherein they found that the petitioner and other accused were involved in illegal transportation of 11 kgs of white colored crystalline substance viz., Amphetamine at NH-16, Gummudipoondi, Tamil Nadu. Hence the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that on the date of alleged occurrence viz., on

07.02.2022, he has gone to attend married at Ariyalur and even according to the case of the prosecution, no narcotic substances was recovered from the petitioner. He further submitted that only on the confession statement of the first accused, the petitioner has been implicated as an accused in this case. He also stated that the similarly placed co-accused has been granted bail by this Court in Crl.O.P.No.22456 of 2022 dated 19.09.2022 Hence, he prays to grant bail to the petitioner.

4. The respondent has filed a detailed Counter.

5. Learned Special Public Prosecutor submitted that the petitioner along with the other accused were involved in illegal transportation of 11 kilograms of white colored crystalline substance viz., Amphetamine. He also stated that the case is under investigation and further submitted that if the petitioner is released on bail, he would tamper the witnesses. Hence, he vehemently opposed to grant bail to the petitioner.

6. Heard the learned counsel for the petitioner and the learned Special Public Prosecutor and perused the materials available on record.

7. Taking into consideration the facts and circumstances of the case and the submission made by the learned counsel and considering the gravity of the offence, this Court is of the view that the case needs detailed investigation and custodial interrogation of the petitioner, therefore, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Original Petition stands dismissed.

19.12.2022 ham

T.V.THAMILSELVI, J.

ham 19.12.2022