U. AKASH Vs. STATE

JUDGEMENT

(1.) The petitioner is arrayed as an accused No.7 and he was arrested and remanded to judicial custody on 9/11/2023 for the alleged offence punishable under Sec. 8 (c) 22(c) & 29 (1) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.307 of 2023 on the file of the respondent police and hence, seeks bail.

(2.) The case of the prosecution in brief is that:

(3.) The learned counsel for the petitioner submits that the Magic Mushroom of 3 grams ordered by the petitioner with one of the accused mentioned in the FIR, was seized by the respondent. Even though the quantity of the said contraband sent by Courier is 3 grams which is just a small quantity. Further, he submits that the rest of the accused were on hold of 308 grams and it becomes 311 grams by adding 3 grams of Magic Mushroom ordered by the petitioner and also the name of the petitioner is not found in the said FIR and he has no nexus with any of the 5 accused mentioned in the FIR. No proof is available with the respondent to link the petitioner with the other accused mentioned in the FIR, ie. A1 to A5.