VASANTH Vs. STATE

JUDGEMENT

(1.) The petitioner/A1 who was arrested and remanded to judicial custody on 17/7/2023 for the offences punishable under Ss. 8(c), 20(b)(ii)(c), 25, 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.300 of 2023 on the file of the respondent police, seeks bail.

(2.) It is the case of the prosecution that the respondent had received information on 17/7/2023 that three persons were travelling with Ganja from Andra Pradesh to Coimbatore via Chennai between 4.00 a.m., and 5.00 a.m., in a White colour Volks Wagen car bearing Registration No.TN-54-E-1235. After following due procedure, the respondent went to Elavur check post and intercepted the said car. All the three accused persons were arrested. From the petitioner herein / A1, the respondent seized 10 Kgs of Ganja and one Apple iphone. From the 2nd accused, the respondent seized 5.500 Kgs of Ganja. From the 3rd accused, the respondent seized 5.500 Kgs of Ganja. The respondent also seized the car and two other mobile phones.

(3.) In the petition seeking bail, it had been stated that even if the case of the prosecution is true, it cannot be said that the offence under Sec. 20(b)(ii)(c) of NDPS Act, had been made out, since the mahazar states that only 10 kgs of Ganja had been seized from the petitioner herein, which would fall as an intermediate quantity and would not come under commercial quantity and therefore, Sec. 37 of NDPS Act would not be attracted.