SAFIULLA Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner/A13, who is facing trial for the offences punishable under Ss. 8(c) r/w 20(b)(ii)(c), 29(1) and 25 of NDPS Act, in C.C.No.972 of 2023 on the file of the Principal Special Court for EC and NDPS Act Cases, Madurai, in Crime No.625 of 2022, on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that on 17/10/2022 based on the secret information, the respondent police intercepted two vehicles bearing Reg.No.TN-BF-7616 Innova Car and TN-22-DF-3510 Mahindra XUV Car, in which, A1 to A4 were travelling along with contraband weighing 440 kgs of Ganja. When the police party stopped the car, the accused persons were tried to escape from the scene of occurrence and the police party caught hold the accused and they conducted search on the cars. In search, it was found that the accused persons were in illegal possession of 440kgs of Ganja. Based on their confession, the petitioner was implicated as an accused in this case. Hence, the case.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as A12 and he was not available in the scene of occurrence and the recovery was made only from A1 to A3 and based on their confession, other accused persons were implicated in this case. Even as per the prosecution, the other accused persons purchased the contraband from Andhrapradesh and they illegally transported two vehicles belonged to A5 and A6 and the same was handed over to the petitioner. However, except this case, no other case is pending against him and the petitioner is not a habitual offender and intentionally, the respondent police implicated the petitioner in the present case. He would further submit that A4, A6 and A13 were already released on bail by this Court. Hence, he prays for grant of bail to the petitioner.