BADAL BEHRA Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested on 27/4/2023 for the offences punishable under Ss. 8(c) read with 20(b)(ii)(B) of NDPS Act 1985 in Crime No.18 of 2023, on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that on 27/4/2023, while he was traveling in a train bearing No.13351, from Dhanbad to Alappuzha, Alappuzha Express, while the train crossing Salem junction, the NIB police, on specific information, conducted search on the petitioner, who was traveling in an unreserved compartment in seat No.54 at about 7.30 hours, he was found in possession of 5 Kgs of Ganja and same has been recovered from him. The accused has been remanded to judicial custody on the same day.

(3.) The learned counsel for the petitioner submitted that it is a false case foisted on the petitioner, who hails from Odisha, and he has not known Tamil language and he was forced to sign in a paper, which he has signed without knowing the impact. Further, it is contended that there is a mandatory violation on search and recovery of contraband. Since the violation of Sec. 50 of NDPS Act, the petitioner is granted bail in order to defend his case by engaging a counsel