GOKULAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 18/3/2022 in Crime No.81 of 2022 registered for the offence under Ss. 8(c) r/w 22(a), 22(c), 29(1) of NDPS Act and Ss. 465, 468, 472 of IPC, on the file of the Principal Special Court under NDPS Act cases, Chennai, seeks bail.

(2.) The case of the prosecution is that the respondent Police received a secret information that some of the accused were selling drugs near Trustpuram Play Ground at Kodambakkam. Based on the information, the respondent along with his team went to the place of occurrence and apprehended one Kishore Kumar/A1 and from him 150 tablets of Nitravet (each contains 10 mg) and 100 tablets of Tydol (each contains 100 mg). Based on the confession recorded from A1, one Poongundran was arrested and from his possession, 4620 Nitravet tablets, 2220 Tydol tablets, 145 unwanted kit, 130 Alprasafe tablets and also recovered Laptop and other electronic devices. Hence the case.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and the petitioner and other persons, who are present in the room were also arrested. He would further submit that the respondent has completed the investigation and filed the final report and the case is now pending trial in C.C.No.203 of 2022 before the Principal Special Court under NDPS Act cases, Chennai. He would further submit that the main accused, from whom, the alleged contraband has been recovered, was released on statutory bail in Crl.M.P.No.2491 of 2023 by the learned Principal Special Judge under EC and NDPS Act cases, Chennai. He would further submit that the co-accused, who were present along with the petitioner in the same room, have been granted bail by this Court in Crl.O.P.Nos.23360, 27869 of 2022 dtd. 23/12/2022, 17/11/2022 respectively. He would also submit that the co-accused/A2 has been granted bail by the Principal Special Court under EC and NDPS Act cases, Chennai in Crl.M.P.No.1851 of 2023 dtd. 28/3/2023. He would further submit that though this is the second application for bail and the earlier application for bail filed by the petitioner in Crl.O.P.No.29735 of 2022 was dismissed on 1/12/2022, without reference to Sec. 37 of the NDPS Act. He would also submit that the similarly placed accused have been enlarged on bail by this Court and thereby, the petitioner is also entitled for bail on parity. Hence, he prayed for grant of bail to the petitioner.