RAJU Vs. STATE

JUDGEMENT

(1.) The Criminal Original Petition is filed to enlarge the petitioner/A2 on bail in CC.No.53 of 2023 pending on the file of the Court of 1st Additional Special Court for Exclusive Trial of cases under NDPS Act, Chennai.

(2.) The case of the prosecution in brief is that, on 14/9/2022 the defacto complainant received a secret information at about 9:00 a.m., that 3 persons would bring ganja for sale at about 10:30 a.m. near Venkatapuram junction. The defacto complainant recorded the information, obtained necessary permission and mounted surveillance along with police party at the spot from 9.05 a.m. At about 9.30 a.m., three persons came from the direction of Nagari, Andra Pradesh to Venkatapuram, each holding sacks in their hands. On being identified by the informant, they were apprehended and they are one Muruganandam, Raju, and Suresh Pandian. The accused were informed about the secret information that, they possess ganja and they were offered to be taken before the learned Judicial Magistrate/Government Officer for physical search. They refused the offer and preferred the defacto complainant to search them. Accordingly, a search was conducted. During the search, 5 kgs of ganja was found in the sack held by Muruganandam, ganja of 8 kgs each were found in the sacks held by Raju and Sureshpandian. Ganja was seized from the accused and put together, which weighed about 21 kgs in aggregate. The seized ganja was clubbed and two samples each weighing 50 grams of ganja were taken and marked as S1 and S2. The remaining ganja was kept in a plastic bag, sealed and marked as P1 and three sacks in which ganja was kept were seized and marked as P2. The accused were arrested and their confessional statements were recorded. Then the case was registered.

(3.) Learned counsel for the petitioner pressed for bail on the following grounds, viz.,