BALAKRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 6/12/2021 for the offences punishable under Sec. 8 (c) r/w 20 (b) (ii) (C) , 28 and 29 of NDPS Act in C.C No.128 of 2022 on the file of the learned Special Judge for EC/NDPS Act Cases, Chennai, seeks bail.

(2.) The learned counsel for the petitioner submitted that petitioner is A2 in R.R.No.37 of 2021 (in NCB F.No.48/1/14/2021-NCB/MDS) on the file of respondent. Petitioner is an innocent and he is falsely implicated in this case on the basis of confessional statement of co-accused. He has no role in connection with the procurement and transportation of Ganja. The allegation against the petitioner is that he financed for the procurement of Ganja is totally false. He is in judicial custody from 6/12/2021. Thus, he seeks bail.

(3.) In response, the learned Special Public Prosecutor (NCB Cases) submitted that respondent seized 642.100 kg of Ganja kept in an Eicher truck bearing registration No.TN-57-W-0591 on 04/5/12/2021 at Karanodai toll plaza. Accused Kubendran, Balakrishnan and Rama were arrested in connection with the seizure of Ganja. During the course of investigation, it is revealed through the analysis of call data record of No.9843846397 that all the numbers are in the name of others, but all the call data shows that the calls frequently made with the accused persons Kubendran, Chelladurai, P.Jayam, and Rama vice versa. Petitioner called frequently his wife Nathiya in her mobile No.7708548597. His wife call details are given in paragraph No.6 of the counter. He also submitted that a sum of Rs.45,000.00 on 20/11/2021 and Rs.55,000.00 on 1/12/2021 were transferred by Nathiya to first accused Kubendran's Bank account in Axis bank account No.920010062643045 through G-pay. Thus, he strongly opposed this petition.