ANBARASU Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 5/10/2022 for the alleged offences punishable under Ss. 353, 506(i) of IPC r/w 8(c), 20(b)(ii)(A) Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.396 of 2022 on the file of the respondent Police, seeks bail.

(2.) The case of the prosecution is that on 5/10/2022 at about 15.30 hours, on receipt of a secret information about the illegal sale of Ganja, the Special Sub-Inspector of Police along with his team went to the place of occurrence, wherein, the petitioner was found in illegal possession of 75 grams of dry Ganja and the respondent have seized the contraband under the cover of seizure mahazar and registered a case in Crime No.396 of 2022 under Ss. 353, 506(i) of IPC r/w 8(c), 20(b)(ii)(A) Narcotic Drugs and Psychotropic Substances Act, 1985. Hence the case.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and since, he has got some previous pending cases for the offences under Ss. 379 and 380 IPC, the respondent has summoned him to appear before the respondent Police and since, the petitioner did not appear before them, the respondent has registered a false complaint against the petitioner, as if he was in illegal possession of 75 grams of dry Ganja. He would also submit that there is no previous case as against the petitioner under NDPS Act and only in order to curtail his activities, the respondent has falsely implicated him in this case. He would also submit that the petitioner is in custody from 5/10/2022 and he is ready to abide by stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.