V.BASKAR Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 11/10/2022 for the offences punishable under Sec. 8(c), 22(b), 27(a) and 25 of NDPS Act, 1985 in Crime No.810 of 2022, on the file of the respondent Police, seeks bail.

(2.) The case of the prosecution is that on 11/10/2022 at about 9.00 hours, when the Sub Inspector of Police was in station duty at that time, he received a secret information about the illegal transport of Narcotic Substance, after receiving the secret information, he along with his team went to the place of occurrence and conducted a vehicle check up, at that time, the respondent police stopped the vehicle of the accused and enquired them and found the petitioner along with other accused were in illegal possession of Nitravet Tablet ' 1300 numbers, Tydol 100 mg ' 1700 numbers and the entire contraband was seized by the respondent police under the cover of seizure mahazar in the presence of witnesses. Based on the complaint, a case was registered in T-3 Pallavaram Police Station, Cr.No.810 of 2022 under Sec. 8(c) r/w 22(b), 27(a), 25 of NDPS Act, 1985 against the accused. Hence, the complaint.

(3.) Learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that there is no material to show the petitioner is connected with the other accused and even as per the prosecution, the quantity of the tablets stated to have been recovered from the petitioner is 200 tablets each weighing 0.568 grams and total it will only come to 113.6 grams, which is an intermediate quantity. He further submitted that even as per the Narcotic Drugs and Psychotropic Substances Act, 1985, more than 500 grams of Nitravet only comes under commercial quantity, whereas, 113.6 grams of contraband has been recovered from the petitioner, which is an intermediate quantity. He further submitted that in respect of similarly placed accused one Stephen Kumar, who is stated to have been arrested in this case along with 200 Nitravet Tablets, has been granted bail by this Court in Crl.O.P.No.6415 of 2023 on 24/3/2023. He also submitted that the petitioner is in judicial custody from 11/10/2022 for more than five months. Hence, he prayed for grant of bail to the petitioner.