LAWS(MAD)-2023-9-38

SUJITHNAYAK Vs. STATE

Decided On September 22, 2023
Sujithnayak Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 1/8/2023 for the offence punishable under Ss. 8(c) r/w 20(b)(ii)(B) of NDPS Act in Crime No.508 of 2023 on the file of the respondent police, seeks bail.

(2.) The learned counsel for the petitioner submitted that petitioner is innocent and he is falsely implicated in this case, in Crime No.508 of 2023 for the offence under Ss. 8(c) r/w 20(b)(ii)(B) of NDPS Act. The petitioner is in judicial custody from 1/8/2023. Thus, he seeks bail.

(3.) In response, learned Additional Public Prosecutor submitted that on 1/8/2023, on the basis of the secret information received by the de-facto complainant, he along with the police party mounted surveillance near Vaalaja Ammur Railway station. At about 08.30 hours, they found the accused with a bag in a suspicious circumstances. After following necessary procedure, a search was conducted and it was found that a bag containing 5 Kgs of ganja was carried by the petitioner. The Ganja had been seized and the case was registered. He further submitted that this is the first case registered against the petitioner under NDPS Act. The petitioner is from Odisha and thus, he opposed for grant of bail to the petitioner.