ATHAN ALI BEK Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 27/3/2022 at the hands of the respondent police for the offences punishable under Ss. 8(c), 20(b)(ii)(B), 22 (b), and 22 (C) of NDPS Act, 1985 and Sec. 25(1)(a) of Arms Act, 1959, in Crime No.45 of 2022, seeks bail.

(2.) The case of the prosecution as per the defacto complainant is that on receipt of a secret information from the informant, the respondent police along with his team went to the scene of occurrence and found the petitioners, and along with other accused, was in possession of contraband namely Nitrozepom Tablets 60 strips each strip containing 15 tablets, totalling 900; tablets, Nitrozepom Tablets 2 strips each strip containing 15 tablets, totalling 30 tablets; Chaco Cough Syrup 100 ML of 11 bottles and Nitrozepom Tablets 2 strips each strip containing 15 tablets, totalling 30 Tablets. Hence, the complaint.

(3.) The learned counsel for the petitioner would submit that there are totally four accused in this case, in which, the petitioners are arrayed as A1 and A2. They were arrested and remanded to judicial custody on 27/3/2022. Even according to the case of the prosecution, the petitioners were found in possession of two toy air guns and it is not coming under the purview of the Arms Act, 1959. In so far as, the contraband is concerned, no contraband was seized from A1 and A2. According to the prosecution, the third accused was in possession of Nitrozepom Tablets 2 strips each strip containing 15 tablets totalling 30 tablets and Chaco Cough Syrup 100 ML of 11 bottles. Though, they were together, the contraband seized from A3 is not a commercial quantity. That apart, the samples were not taken even till today and no tablet was sent for chemical analysis. They were arrested and remanded to judicial custody on 27/3/2022 and on their confession, A4 was arrested on the next day i.e., on 28/3/2022 and the contraband was seized from him. Even the contraband, which was allegedly seized from A3 was also not sent for chemical analysis so far. Hence, he prays for grant of bail to the petitioner.