NIKIL Vs. STATE

JUDGEMENT

(1.) The petitioner/A4 seeks bail in Crime No.22 of 2022, registered by the respondent police for the offences punishable under Ss. 8(c), 20(b)(ii)(C), 25 and 29(1) of NDPS Act. The petitioner had been secured on execution of Prisoner in Transit warrant on 15/6/2023.

(2.) After investigation, charge sheet had been originally filed showing the petitioner as an absconding accused and subsequently, as stated, he had been secured on PT warrant. The charges had been taken cognizance as C.C.No.60 of 2022 and the matter is now pending trial before the Special Court for Essential Commodities Act Cases at Coimbatore.

(3.) The case of the prosecution is that, at the check post between Tamil Nadu and Kerala, a lorry was sought to be flagged down but on seeing the officials at the check post, the lorry took a U-turn and went back into Tamil Nadu. Information was given and the lorry was intercepted and stopped and on search on the lorry, A1 and A2 were physically present in which the respondent found 88 packets (each packet containing 2 kgs of ganja) totally 176 kgs of ganja. Thereafter, it is stated that the involvement of the present petitioner/A4 and A3 came to be known and it was stated that they were following the lorry in a separate car. They had however absconded. A3 was also secured on execution of PT warrant and his bail application came up for consideration before a learned Single Judge of this Court in Crl.O.P.No.6938 of 2023. By an order dtd. 28/3/2023, taking note of all the facts, the learned Single Judge had granted bail.