R. PECHIYAMMAL, W/O.RAJA Vs. STATE

JUDGEMENT

(1.) This is 2nd bail petition moved by accused 2 and 5 in C.C.No.107 of 2021 pending on the file of the learned I Additional NDPS Court, Chennai.

(2.) Earlier, this Court dismissed the bail petition on the ground that the contraband seized is 400.700 kgs of ganja, the petitioners have conspired to finance and transport the same. Hence, the twin condition imposed under Sec. 37 of NDPS Act for grant of bail in case of commercial quantity not satisfied, so negatived the plea of the petitioners that the contraband alleged to have been seized was not found in the possession of these petitioners but seized elsewhere.

(3.) The present bail petition is filed on the new ground that around 400 Kgs of Ganja was seized from a tanker lorry during the vehicle check held on 6/10/2020 at 15.00 hours near Sengundram. These two petitioners were arrested subsequently on 15/10/2020 based on the information given by the persons found in possession of the contraband. In the course of the trial, it has been established in the cross examination of P.W.1 that, on 6/10/2020, A1 and A3 were arrested along with contraband. However, A3 was not remanded to judicial custody, though his presence along with A1 and contraband been evidenced through photograph published in the newspaper. The alleged confession statement of A3 given to the respondent police is the basis for the arrest of these two petitioner's subsequently. Since A3 was in illegal custody, his statement to police is inadmissible. Further no contraband was seized from these two petitioners, they are entitled for bail since twin condition under Sec. 37 of NDPS Act is satisfied.