P.MEGAVANI Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 3/2/2021 for the offence punishable under Ss. 8(c ) r/w 20 (b) (ii) (c ), 25 and 29(1) of NDPS Act, 1985 in Crime No.31 of 2019 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that, on 19/7/2019, based on the secret information, the respondent police intercepted the Hyundai Verna Car bearing registration No.PY-02-K-7997 and found 110 kilograms of Ganja in the car and arrested A2 and A3. Further, the accused persons confessed that, under the instruction of the first accused/petitioner they have transported the above said Ganja from Andhra Pradesh to Pondichery. Later, the petitioner was arrested on 3/2/2021. Hence, the complaint.

(3.) The learned counsel appearing for the petitioner would submit that there are three accused involved in this case, in which the petitioner is arrayed as A1 and that he was arrested and remanded to judicial custody on 3/2/2021. Even according to the case of the prosecution, the alleged contraband 110 kilograms of Ganja were recovered from A2 and A3. The petitioner was implicated only based upon the confession statement of the co-accused and there is no iota that the petitioner transported the contraband along with other accused persons. The confession statement could not be taken into account, while impleading the accused without any material. In fact, in an other case, wherein the petitioner was involved, she was granted anticipatory bail by the Court below. Though the respondent filed the final report and had taken cognizance of the offence in the year 2020, still the trial is yet to commence. Therefore, the petitioner should not have suffered incarceration for more than 2 years.