KUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 16/7/2023 for the offence punishable under Ss. 20(b)(ii)(B) of NDPS Act, 1985 r/w 8(c) of NDPS Act, 1985 and Sec. 77 of J.J.Act 2015 and Sec. 25(1)(B)(a) of Arms Act 1959 in Crime No.125 of 2023 on the file of the respondent police, seeks bail.

(2.) Learned counsel for the petitioner submitted that, petitioner is an innocent person and he has been falsely implicated as an accused in a case registered for the offences punishable under Ss. 20(b)(ii)(B) of NDPS Act, 1985 r/w 8(c) of NDPS Act, 1985 and Sec. 77 of J.J.Act 2015 and Sec. 25(1)(B)(a) of Arms Act 1959 in Crime No.125 of 2023. Petitioner is in judicial custody from 16/7/2023. He further submitted that, co-accused in this case was granted bail by this Court. In the said circumstances, he seeks bail to the petitioner.

(3.) In response, learned Public Prosecutor (Puducherry) opposes this petition, on the ground that, on 15/7/2023 at about 19.30 hours , the defacto complainant received a secret information that, four persons were selling narcotic drugs near Sumangala Steel Company, Poothurai Road, Puducherry. Defacto complainant visited the spot with police party and independent witnesses. They found the accused one Kumar, Mugesh, Sunil and Ajay. After following necessary procedure, a search was conducted. A country made gun was recovered from the petitioner. Ganja was found in possession of the accused Kumar. Ganja weighing 3.280 kgs and following objects were seized from the accused, 1) Cannabis Sativa (Ganja), 2). Empty polythene cover- 100 Nos, 3). Country made gun -1, 4). Black colour R15 motor cycle bearing| Reg.No.PY-05-P-0772, 5) Orange colour Oppo mobile phone (Mukesh), 6).Blue colour VIVO mobile phone (Ajay), 7) Black colour Oppo mobile phone (Kumar) and 8) Black colour Itel key pad mobile phone (Sunil). Thus, he seeks for dismissal of this petition.