SACHIN SARAVANAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 11/4/2022 for the offence under Ss. 8(C), 20(b)(ii)(B), 22(b), 22(c), 25 and 29(1) NDPS Act in crime No.76 of 2022 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that on 11/4/2022, the petitioner along with his friends were selling illegal drugs prohibited by the government and at the time, the petitioner was found in illegal possession of 90 numbers of YABA tablets. Hence, the case.

(3.) Based on the confession statement of A1 to A4, other accused persons were arrested and the contraband was seized. Based on their confession statement, they went to the Thiruvallur Railway station and apprehended other accused persons and seized 2.5 Kgs of Ganja from A10. He was arrested and released on bail by this Court. Therefore, the prosecution failed to prove that all the accused persons were in constructive possession of the contraband. Though the contraband seized from each of the accused, it cannot be a ground to commercial quantity and it is an in-between quantity. That apart, the entire contraband after seized from the accused persons, even till today not produced before the concerned Court. Therefore, the twin condition as contemplated under Sec. 37 of NDPS Act would not comply if the quantity seized is not a commercial quantity for granting bail.