AJESH Vs. P.SANTHOSH KUMAR

JUDGEMENT

(1.) The petitioners /A1 to A3 who were arrested and remanded to judicial custody on 21/11/2021 for the offences under Sec. 8(c) r/w.20(b)(ii)(C) and 29(1) and 25 of NDPS Act in Crime No.712 of 2021 on the file of the respondent police seeks bail.

(2.) The case of the prosecution is that on 21/11/2021 at about 06.45 hrs based on the secret information when the respondent police along with police party mounted on surveillance and involved in vehicle check up at New Bye pass road on Cumbum to Cumbum Mettu Junction at that time two cars bearing Reg.Nos.KL 39 A 9011 (Volkswagen)driven by A1/Ajesh and KL 49 D 7711(Maruthi Swift) driven by A3/Sujeesh in which the owner of the said Car Santhosh Kumar/A2 also travelled were intercepted and searched. On search by the respondent police after compliance of all the procedures as mandatory under NDPS Act they found 20kgs of ganja concealed in boot of the Volkswagen car and 22 Kgs of ganja was concealed in boot of the Maruthi Swift car, on enquiry they have disclosed their names and confessed that they have jointly purchased 42kgs of ganja in Vijayawada, Andhrapradesh for selling it for a higher price at Kerala. They were arrested at the spot at 9.30 am., and the case was registered at 10.00 am.

(3.) The learned senior counsel appearing for the petitioner would submit that petitioner in Crl.O.P(MD) No.22851 of 2022 is arrayed as A1 and the petitioners in Crl.O.P(MD) No.22852 of 2022 are arrayed as A2 and A3. As per the prosecution A1 was driving the Volkswagen car bearing Reg.No.KL 39 A 9011, in which the officials found 20kgs of contraband(ganja) and the accused 2 and 3 are alleged to have been driving Maruthi Swift car bearing Reg.No. KL 49 D 7711 and in which the officials alleged to have found 22 kgs of contraband(Ganja) He would further submit that the petitioners are innocent and the respondent police have fabricated a false case against them. The petitioner in Crl.O.P(MD) 22851 of 2022 and the petitioners in Crl.O.P(MD)22852 of 2022 have no nexus at all, whereas the respondent police have fabricated case in such a way as if all of them were travelling together. As per the prosecution the petitioners were stated to have been arrested at 9.00 a.m., and brought to the police station and the case was registered thereafter, but strangely the crime number of the case was found in the arrest memo thereby reflecting that the entire case was fabricated. He would further submit that the case has been registered by the Sub Inspector of Police who is not the authorised officer under the Act to register the case. He would further submit that the petitioners are also entitled for bail on merits on the ground that the respondent has not complied with the mandatory provisions under sec. 42 and 50 of the NDPS Act regarding search, arrest and seizure. He would further submit that the petitioners are in judicial custody from 21/11/2021 and that they do not have any bad antecedents, hence he seek bail.