ASHWIN THOMAS Vs. CENTRAL

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 27/4/2021 at the hands of the respondent for the offences punishable under Ss. 8(c) r/w 22(c), 23 28 and 29 of NDPS Act, in C.C.No.299 of 2022 on the file of the respondent, seeks bail.

(2.) The case of the prosecution is that when the respondent Police and their team went on secret search, they found that the petitioner along with other accused were found in possession of 990 grams of Amphetamine which was placed inside the cricket knee pads and hand gloves. Hence, the complaint.

(3.) The learned counsel for the petitioner submitted that the petitioner is arrayed as A-2 in this case. On the basis of the statement recorded one Jayamurugan and the crux of his statement is that on 24/4/2021 around at 1.30 p.m., the petitioner called over phone to the said Jayamurugan and requested him to come with his bike as he had some small work. On the said request, the said Jayamurugan met the petitioner herein and on his request, the said Jayamurugan had taken him to meet the petitioner's friend one Surendran, who is arrayed as A-1. He had handed over white colour transparent plastic bag contains two sets of thigh pads and one set of cricket hand gloves. Then all went to one sports shop to purchase another set of hand gloves. The said Jayamurugan waiting out side of the shop and the petitioner went to shop and purchased the hand gloves and thereafter, they went to DHL Courier Parcel Service to send the said parcel to Newzeeland. At the time of booking the parcel, the petitioner has produced his voter ID, since it was not legible and he requested the said Jayamurugan to give his address proof to send the Courier. Thereafter, he had given his Aadhar Card and thereafter, the Courier was booked to Newzeeland. Now, the prosecution has implicated the petitioner alone as accused and the said Jayamurugan was not implicated as accused. The parcel was handed over to them for sending Courier. He further submitted that the petitioner was not under concisions position of any contraband as alleged by the prosecution since the first accused was alone handed over to the thigh pads and cricket hand gloves to send Newzeeland by Courier. Further, A-3 handed over to the said thigh pad to the first accused and thereafter, he handed over to the petitioner only to send the courier. The petitioner was not in concisions position and he had no knowledge about the contraband, which was inserted in the thigh pads. Further, the petitioner was arrested and remanded to the judicial custody on 27/4/2021. Even till today, the trial has not commenced. The petitioner is incarceration of imprisonment from the date of his arrest i.e on 27/4/2021.