BIBEK ROY Vs. STATE

JUDGEMENT

(1.) The Criminal Revision Case is filed against the order passed in Crl.M.P.No.3928 of 2024 dtd. 29/4/2024 by the learned Principal Special Judge, Special Court for EC & NDPS Act, Chennai.

(2.) The petitioner was arrested and remanded to judicial custody on 14/2/2024 for the offences under Ss. 8(c), 20(b) (ii) (B), 22(b) and 29(1) of NDPS Act, 1985 in Crime No.39 of 2024 on the file of the respondent police. The petitioner is arrayed as A5 in this case. The case of the prosecution is that the petitioner and other accused persons were found in illegal possession of 1384 Pyeevon Spas Plus tablets and 130 Nitcor tablets and 3.970 kilograms of ganja respectively. Thereafter, he has filed a petition in Crl.M.P.No.3928 of 2024 before the Principal Special Court under EC and NDPS Act, Chennai, seeking to enlarge him on statutory bail and the same was dismissed vide impugned order dtd. 29/4/2024. Challenging the same, the petitioner has filed the present revision before this court.

(3.) The learned counsel appearing for the petitioner submitted that the petitioner herein is an innocent person and in this case, already A2 to A4 were granted bail by this court on the ground that A3 and other accused possessed an intermediate quantity, whereas the Law Enforcing Agency filed counter stating that the petitioner was in possession of commercial quantity. Further, though the Law Enforcing Agency stated that the contraband seized from the petitioner is a commercial quantity, which is coming under Schedule 33 and 221 of NDPS Act, however, a perusal of the Schedule 33 and 221 of Narcotic drugs and Psychotropic Substance reveals that the substances mentioned in the said schedule are different from the drugs seized by the Law Enforcing Agency from the petitioner. Schedule 33 and 221 is Dextropropoxyphene and Nitrazepam, whereas, the quantity seized from the petitioner are Pyeevon Spas Plus and Nitcor tablets, which were not mentioned in the above said schedule. Accordingly, he prays for appropriate orders.