(1.) The petitioners, who were arrested and remanded to judicial custody on 27.02.2020 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 28 and 29 of NDPS Act, in F.No.48/1/5/2020-NCB-MDO on the file of the respondent police, seek bail.
(2.) The case of the prosecution is that the Intelligence Officer, NCB Chennai Zonal Unit had received an information that one Maruthupandi and his associate Aandi have procured about 300 Kgs of Ganja from Vijayanagar, Andra Pradesh and they have intended to transport the same via Chennai in an Ashok Layland Truck bearing Regn.No.TN74 AB 6786 and that they will be crossing Karanodai Toll Plaza, Red Hills, Chennai at around 23:00 hrs. on 25.02.2020 and if the vehicle is checked, the Ganja can be seized. Based on the information, the Intelligence Officer after following necessary formalities, intercepted the vehicle and in the presence of independent witnesses had conducted search on the vehicle and found the petitioners transporting 308 kgs of Ganja in 12 plastic gunny bags along with waste paper. The contraband was seized and the confession statement under Section 67 of the NDPS Act was recorded from the petitioners and after completion of investigation, the respondent had filed the complaint against the petitioners before the Special Court for NDPS Cases for offence under Sections 8(c) r/w 20(b)(ii)(C), 28 and 29 of NDPS Act.
(3.) Mr.S.Doraisamy, learned Counsel appearing for the petitioners would submit that the first petitioner is running a Lorry Puncture Vulcanizing Shop at Madurai for past 20 years and he is also running a Transport Service for past ten years. He had purchased a Lorry bearing registration No.TN74 AB 6786 before three months availing loan and on the date of alleged occurrence, the application for transfer of name and registration was pending before the RTO Office. The second petitioner was introduced to the first petitioner and he joined as a driver in the Transport Company of the first petitioner. While so, the lorry was booked by a customer for transporting papers from Vishakapattinam to Thiruvanandhapuram. The lorry was loaded with the consignment and the petitioners were handed over with necessary invoices and tax forms. While the petitioners were proceeding from Vishakapattinam to Thiruvanandhapuram, a person had approached the petitioners to transport 10 bags from Vishakapattinam to Madurai stating it to be papers. When the petitioners were nearing Chennai, they were intercepted at Karanodai Toll Plaza and a search was conducted and the bags found to contain 308 kgs of brownish green colour leaves believed to be Ganja were recovered from the lorry. The learned Counsel would submit that the petitioners were not aware of the contents which were in the bags, whereas, the petitioners were falsely implicated in this case as if they illegally transported them. He would submit that the petitioners were enquired while in custody of the respondent and despite the petitioners furnishing necessary documents to show that they were legally running transport business and that the contraband does not belong to them, the respondent arrested them on 26.02.2020 based on the statement recorded from them under Section 67 of the NDPS Act while they were in custody. He would submit that the earlier application for bail in Crl. O.P.No.7638 of 2020 was dismissed on 26.06.2020 and after the dismissal of the earlier application, the respondent have completed the investigation and filed the final report. He would reiterate that the petitioners were not having any intention or mensrea to transport the contraband and they were not conscious of the possession of illegal substances and it had been transported by some one else for transporting to Madurai.