KAVASKHAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 23/2/2023 for the offence punishable under Ss. 272, 273, 328 IPC and Ss. 8 (c) r/w 20 (b) (ii) (C) and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.416 of 2022, on the file of the respondent police seeks bail.

(2.) The learned counsel for the petitioner submitted that, petitioner is A10 in this case. He is implicated as a prospective buyer of Ganja from the accused from whom Ganja had been recovered. Petitioner is in judicial custody from 23/2/2023. He further submitted that the other accused had been released on bail in Crl.O.P.No.176 of 2023, dtd. 23/1/2023, Crl.O.P.No.628 of 2023, dtd. 25/1/2023, Crl.O.P.No.2940 of 2023, dtd. 14/2/2023, Crl.O.P.No.2968 of 2023, dtd. 15/2/2023, Crl.O.P.No.8786 of 2023, dtd. 27/4/2023, Crl.O.P.No.14171 of 2023 dtd. 11/7/2023. Thus, he seeks bail for the petitioner.

(3.) In response, learned Additional Public Prosecutor submitted that petitioner has been implicated in this case for the reason that he is the prospective buyer of Ganja from the persons from whom Ganja was recovered. There is no recovery from the petitioner. Petitioner is implicated in this case on the basis of the confession statement of the co-accused. However, it is submitted that petitioner has eight previous cases pending against him and two cases are similar in nature, registered under NDPS Act.