V.VENKATESAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 6/10/2022 for the offences punishable under Ss. 328 and 20(b)(ii)(A) of NDPS Act, 1985 in Crime No.374 of 2022 on the file of respondent police, seeks bail.

(2.) The case of the prosecution is that on 2/10/2022 at 12.00 hrs., the respondent police received secret information about the sale of Ganja and Tapentadol Hydrochloride Tablets. On information, the respondent police arrived at the spot and found 6 unknown persons were standing near "HONDA SHINE" two wheeler bearing Registration No.TN 16 D 1949. On seeing the police, the accused attempted to escape. However, the respondent police caught four accused. During the enquiry, it came to know that A1, A2, A3 and A4 and 2 other accused were escaped from that place were present. On searching the said two wheeler, they found 1) Tapentadol Hydrocholoride Tab-100 MG-10 box 10 tablets totally 100 tablets, 2) Insulin Syringe - 5 nos,

(3.) ) Ganja weighing 50 grams and 4) Non Pyrogenic Sterile 100 ml - 3 bottles. Immediately, the respondent police arrested A1 to A4 and recorded the confession statement disclosing that they have bought the said contraband from A6. The respondent police seized the contraband and the two wheeler. The allegation against the petitioner is that A5 and A6 purchased the drugs from the petitioner/A7, who is working in Yogi Pharmacy, Chengalpattu. Hence, the case. 3. The learned counsel appearing for the petitioner would submit that the petitioner is running a pharmacy in the name and style of Yogi Pharmacy at Chengalpattu. Previously, A6 working as a representative in the petitioner's shop. Based on the confession of A6, the respondent police foisted a false case against the petitioner. The petitioner not present in the scene of occurrence and he is no way connected with the alleged offence. Therefore, he prays for grant of bail to the petitioner.