B.SHANTHA Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 17/9/2022 for the offences punishable under Ss. 8(c) and 20(b)(ii)(B) of NDPS Act in Crime No.552 of 2021 on the file of the respondent police, seek bail.

(2.) The case of the prosecution is that, on 30/12/2021, the respondent police received secret information about the sale of Ganja. Based on which, the Respondent police along with his team had visited the scene of occurrence apprehending three accused namely A1, A2 and A3 and recorded their confession statement. Then by following the procedures, samples were taken and sent for chemical analysis. At that time, the petitioner/A4 escaped from the scene of occurrence, which was confirmed by A1 and A3 in their confession statements and thereafter, the petitioner was arrested. Hence, the case.

(3.) The contention of the learned counsel for the petitioner is that there is no recovery from the petitioner and the age of the petitioner is about 72 years and that there is no possibility to run away, even for walking she finds difficulty. He would further submit that false case has been registered against the petitioner for the reason that earlier a case in Crime No.278 of 2022 has been registered against the petitioner for possession of 100g of ganja. As regard this case is concerned, the petitioner was not at all aware of the contraband and she does not know about the other accused namely A1 to A3. He would further submit that A1 and A2 were granted bail by the Principal Special Judge, Chennai in Crl.M.P.No.208 of 2022 on 4/2/2022. Hence, he sought for grant of bail to the petitioner.