JUBIN BINU Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner/A1 was arrested and remanded to judicial custody on 23/12/2023 and the petitioner/A2, was arrested and remanded to judicial custody on 23/11/2023 for the offences punishable under Ss. 8(c) r/w 20(b)(ii)(A), 22(c) and 29(1) of NDPS Act, in Crime No.366 of 2023, on the file of the respondent police, seek bail.

(2.) The case of the prosecution is that on 23/12/2023 at about 10.30 a.m., based on the secret information, the respondent police went to the spot near Mannavanur Kaikatti Junction, Kodaikanal and they intercepted the accused persons standing in that place. On seeing the police party, the accused tried to escape from the spot and the police party surrounded the accused and recovered 10 stamps containing 10mlg from A1 and 200 grams of Ganja from A2. Hence, the case.

(3.) The learned counsel appearing for the petitioner would submit that the petitioners did not commit any offence as alleged by the prosecution. In fact the petitioners' native place is Kerala and they are studying in Karnataka and he visited the tourist place. Thereby, the respondent police registered a criminal case against them and even as per the counter affidavit filed by the learned Additional Public Prosecutor, the seized quantity is lesser than the commercial quantity but greater than the small quantity. Hence, he prayed for grant bail to the petitioners.