MOHAMED NIBASH Vs. STATE

JUDGEMENT

(1.) The petitioner is Accused No.5, who was arrested and remanded to judicial custody on 4/4/2022, for the offences punishable under Sec. 8(C), 20(b)(ii)(C), 25 and 29(1) of NDPS Act, 1985 in Crime No. 6 of 2021, on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that the defacto complainant is working as Inspector of Police, Q Branch. They were in their routine Special duty on 1/3/2023 at about 10 p.m., they received a secret information that some people are trying to smuggle contraband to Srilanka, in an ambulance. Along with the police team, they were on surveillance near Thopputhurai Railway station. On the second day, i.e., on 2/3/2023, at about 5 a.m., a tempo traveller ambulance was intercepted by the police team. At that time, on search, four persons were found available in the above said vehicle. They disclosed their names as Mahesh, Vicky @ Vignesh, Sundar and Rajkumar. When search was made, they found in possession of Ganja weighing about 28 kilograms and further procedure was undertaken as per the procedure and rules. All the four persons were arrested on the spot and remanded to custody and ever since they were in custody. During the course of enquiry, the involvement of this petitioner also came to light. Based upon which, he was also included in the crime and arrested and remanded to custody on 4/4/2022. Seeking bail, this petitioner has been filed stating that a false case has been foisted against the petitioner and he is not involved in the above said occurrence.

(3.) Learned Additional Public Prosecutor submitted that the matter is pending before the trial Court for examination of witnesses. He further submitted that the earlier petition filed by the petitioner for bail, was dismissed by this Court.