KOWSARUTHIN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 11/4/2022 at the hands of the respondent police for the offences punishable under Ss. 8(c), 20(b)(ii)(B), 22 (b), 22(c), 25 and 29(1) of NDPS Act, 1985, in Crime No.76 of 2022, seeks bail.

(2.) The case of the prosecution is that on 11/4/2022, upon information received by the District Superintendent of Police and upon the instructions of the Superintendent of Police, Thiruvallore, the Sub Inspector of Police attached to the respondent proceeded to the Rajiv Gandhi Nagar, near Kadambathur Railway Station. According to the information, some persons were selling ganja in the car between 8.00 a.m. to 9.00 a.m. at Rajiv Gandhi Nagar near Kadambathur Railway Station. The Sub-Inspector of Police after informing the instructions given by the Superintendent of Police to the respondent at 7.00 a.m. got permission over phone at 7.15 a.m. and recorded the receipt of information in general diary at 7.30 a.m., left the police station at 7.45 a.m. with his police parties and reached the spot at 8.00 a.m. On the identification given by the informant, they secured A1 to A4. The said Sub Inspector of Police after complying the Sec. 50(1) Notice of NDPS Act searched the Baleno car bearing registration No. TN 10 BM 3339 and seized 15 Nos of LSD Stamp from the dash board of the car. Further, they also seized the said car and pulsar motor bike bearing registration No. TN 10 BK 0159 and two mobile phones in the presence of police witnesses. Two samples of each 2 numbers of LSD stamps marked as S1 and S2 were taken, later the petitioner/A1 was arrested and his confession statement was recorded. The said Sub-Inspector of Police complied 50(2) Notice to the A2 and thereafter, he was arrested at 11.00 hrs. Thereafter, A3 was served with 50(2) Notice and searched the scorpio vehicle bearing No. TN 02 AT 7099. From the dash board of the car 10 numbers of LSD Stamps, 26 numbers of MDMA tablets and METH CRYSTAL weighing 1 gram were seized. He was also arrested and his confession statement was also recorded. Thereafter, A4 was served with 50(2) Notice and he was also arrested. Based on their confession statement, the respondent police arrested the petitioner and other accused persons. Hence, the case.

(3.) Based on the confession statement of A1 to A4, the petitioner other accused persons were arrested and the contraband was seized. Based on their confession statement, they went to the Thiruvallur Railway station and apprehended other accused persons and seized 2.5 Kgs of Ganja from A10. He was arrested and released on bail by this Court. Therefore, the prosecution failed to prove that all the accused persons were in constructive possession of the contraband. Though the contraband seized from each of the accused, it cannot be a ground to commercial quantity and it is an in-between quantity. That apart, the entire contraband after seized from the accused persons, even till today not produced before the concerned Court. Therefore, the twin condition as contemplated under Sec. 37 of NDPS Act would not comply if the quantity seized is not a commercial quantity for granting bail.