S.Gokul v. Inspector Of Police

Crl.O.P.No.27216 of 2023 C.V.KARTHIKEYAN , J.

The petitioner seeks bail in C.C.No.576 of 2023, in which trial is now pending before the learned Principal Special Court under EC and NDPS Act, Chennai. Originally, FIR in Crime No.44 of 2023 was registered by the respondent police for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c), 25 and 29(1) NDPS Act. The petitioner was remanded to judicial custody on 07.03.2023.

2. It is stated that there are totally seven accused. Sofar as this particular petitioner is concerned, the overt act alleged by the prosecution is that this petitioner/A5 and A4 had gone over to Andhra Pradesh and had purchased the contraband/ ganja from A6 and A7 for supply through the other accused. It is also the specific case of the prosecution that sofar as that allegation is concerned, this petitioner was arrested on specific information which they had received when they had arrested A1, A2 and A3 and seized 21.700 kgs of ganja from them. On the basis of their confession, the role of this petitioner came to light. 1/3

3. The learned counsel for the petitioner stated that the confession is a thin piece of evidence and could not be a basis for continuous incarceration of the petitioner herein. But however, what is to be examined is that the quantity of the ganja seized, is a commercial quantity and the specific role of this petition.

4. The specific role of the petitioner is that he had procured ganja at Andhra Pradesh to supply them to the other accused. Investigation has been done and charge sheet has been filed. The matter is listed again on 14.12.2023 for examination of further witnesses. Let trial proceed. At this stage, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 12.12.2023 gd 2/3

C.V.KARTHIKEYAN , J.

gd Crl.O.P.No.27216 of 2023 12.12.2023 3/3