Yogarajulu v. Union Of India,

C.V.KARTHIKEYAN , J.

The petitioner is A3 in NCB F.No.48/1/11/2022-NCB/MDS, registered by the respondent for the offences punishable under Sections 8(c) read with Section 20(b)(ii)(A), 21(c), 22(c) and 29 of the NDPS Act, seeks bail. He had been remanded to judicial custody on 27.07.2023. 2.The petitioner is A3. A1 and A2, are Nigerian citizens. They could very well have been in Nigeria but they have come all over the way to Chennai. They came all over the way to Chennai and met the petitioner, among more than one crore persons available in Chennai. At the time, when they met the petitioner/A3, it is stated on behalf of the respondent that they had handed over, 30 lots of LSD strips. The weight is 0.31 grams. This is commercial in nature. They did not stop just with LSD, but they also had Hashish (Charas) of 10 grams and also had 78 grams of Cocaine. The quality are commercial in nature and it could be re-distributed to many persons in the society.

3.The learned counsel for the petitioner states that the petitioner is innocent and that the contraband was seized from the two Nigerians and that he has a father to look after. But these facts would submerge on the ground that the petitioner, according to the respondent, was caught while receiving the said contraband particularly, LSD from the two Nigerians.

4.Much explanation is required as to how he came to know these two Nigerians and why he came to receive LSD from the two Nigerians and even though he is a tour operator. That avocation would only be a surface issue. Handing over of LSD is generally not done between strangers and a tour operator but, between two persons, who have clear nexus in this particular trade.

5.In view of all these facts, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. 22.11.2023 rjr/ata

C.V.KARTHIKEYAN , J.

rjr 22.11.2023