ANDI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 26/2/2020 for the offences punishable under Sec. 8 (c) r/w 20 (b) (ii) (c) , 28 and 29 of NDPS Act, in C.C.No.96 of 2020 in NCB No.48/1/05/2020 NCB/MDS on the file of the respondent, seeks bail.

(2.) The learned counsel for the petitioner submitted that petitioner is falsely implicated as accused in C.C.No.96 of 2020 for the offences under Sec. 8 (c) r/w 20 (b) (ii) (c) , 28 and 29 of NDPS Act. Petitioner was only a driver of the Ashok Leyland truck bearing No.TN-74-AB-6786. He did not aware that Ganja was being transported in the Ashok Leyland truck. She submitted that the co-accused namely first accused/Maruthupandi was granted bail by the Honb'le Supreme Court in Spl.Crl.No.12182 of 2022 on 10/4/2023, taking into consideration of his incarceration in jail for a period of three years. She further submitted that petitioner is similarly placed rather better placed than the first accused. He is also in judicial custody from 26/2/2020. Thus, she seeks bail.

(3.) In response, the learned Special Public Prosecutor (NCB cases) opposed this petition on the ground that petitioner cannot claim lack of knowledge about illegal procurement and transportation of 308 kg of Ganja. That apart, petitioner has no permanent address. An enquiry was conducted as to whether the address given by the petitioner is his permanent address and it was found that house was kept under lock and key for more than a year. Therefore, he opposed this petition.