ARUNMON Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 25/12/2022 for the offences punishable under Ss. 8(c) r/w 20(b)(ii)(c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, in C.C. No.137 of 2021 on the file of II Additional Special Judge for NDPS Court, Chennai, seeks bail.

(2.) The case of the prosecution is that on receipt of the secret information, the respondent and his team went to the scene of crime at Enavur Tollgate and intercepted the accused in a bus and found that the accused persons were in possession of contraband (Ganja) each 12 Kgs. After seizing the same and after following the procedures laid under NDPS Act, both were arrested and remanded to judicial custody. Hence the case.

(3.) The learned counsel for the petitioner would submit that there are totally two accused in this case in which, the petitioner is arrayed as A2. Even according to the case of the prosecution, both the accused were found in possession of 12 Kgs of Ganja each. Therefore, it would not come under commercial quantity. Now, the respondent completed the investigation and filed final report and the same has been taken cognizance by the II Additional Special Judge for NDPS Act, Chennai, in C.C.No.137 of 2021 and it is pending for the past two years and no charge sheet is framed as against the accused persons.