U.SAMAIYAN Vs. UNION OF INDIAN

JUDGEMENT

(1.) The petitioner, who has been arrested and remanded to judicial custody on 24/9/2022, for the offences punishable under Ss. 8(c), 12, 22(c), 23(c), 24, 28 and 29 of the Narcotic Drugs and Psychotropic Act, 1985, in R.R.No.25 of 2022 in NCB F.No.48/1/07/2022-NCB/MDS, on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that on 23/4/2022, on receiving a secret information about the trafficking of Methamphetamine from India to Srilanka, respondent Police conducted a search and found the first accused was in illegal possession of 184 grams of Methamphetamine. During enquiry, it came to light that A1 procured the contraband from the other accused and on further enquiry, it reveals that the petitioner along with the other accused A4 had supplied the above contraband to A3 for monetary consideration. Based on which, the respondent has registered a case against the accused for the offences punishable under Ss. 8(c), 12, 22(c), 23(c), 24, 28 and 29 of the Narcotic Drugs and Psychotropic Act, 1985. Hence the case.

(3.) The learned counsel for the petitioner submitted that in the confession statement of the first accused he stated that he had obtained alleged contraband from A4. Thereafter, while the respondent gone to enquire A4 and he had found petitioner along with A4 and both of them called for enquiry and was remanded to judicial custody on 23/9/2022 without any incriminating evidence. Further the main allegation against the petitioner is that he has not reveal about the alleged drug trafficking activities conducted by A4, in order to protect A4 since because he is brother-in-law, hence the respondent allegation itself shows that he had not possess or sold the alleged contraband. Furthermore, near about six months after alleged date of occurrence petitioner was implicated as accused without any material evidence and also the petitioner have no bad antecedents. The petitioner has suffering incarceration for more than one year hence prays for bail.