RAJAKUMARI Vs. STATE

JUDGEMENT

(1.) The petitioner/second accused in Crime No. 709 of 2023 registered by the respondent police under Sec. 8(c) read with 20(b)(ii)(c), 29(1) of the Narcotic Drugs and Psychotropic Substances Act 1985, who was remanded to custody on 14/10/2023 seeks bail.

(2.) The learned counsel for the petitioner stated that there has been no recovery from the petitioner herein. The petitioner was only helping the first accused from whom there was recovery. It is stated that the petitioner is a widow and has two children. She was going from Cuddalore to Chennai to visit Vadapalani Murugan Temple and was accompanied by the first accused, who was a co-passenger. The first accused had asked the petitioner to wait for an auto near a bus terminus and at that time, they were intercepted by the respondent. On search, the respondent recovered 22.20 kgs of Ganja from the possession of the first accused. The petitioner was standing just near to the first accused. It is contended by the learned counsel for the petitioner that the petitioner is innocent and did not know about the possession of Ganja by the first accused.

(3.) It is however the contention of the respondent that 22.200 kgs of ganja had been recovered from both the accused Nos. 1 and 2. It is stated that the quantity is commercial in nature. It is also stated that there is yet one more accused / A-3 who is absconding. It is also contended that as against this petitioner, there were two earlier cases in Cr.No. 37 of 2021 and Cr.No. 1010 of 2015 both registered under Sec. NDPS Act. It is therefore contented that the petition should be dismissed.