KOMPAIYA Vs. STATE

JUDGEMENT

(1.) The petitioner/Accused No.7, who was arrested and remanded to judicial custody on 17/2/2023 for the offences punishable under Ss. 8(C), 20(b)(ii)(C), 25, 27A, 29 (1) of NDPS Act, 1985 in Crime No.19 of 2023, on the file of the respondent Police, seeks bail.

(2.) The case of the prosecution is that on 17/2/2023, the defacto complainant and the other Police Officials attached with the respondent Police got a secret information in respect of selling ganja near Nethiya Iruppu and the officials visited the occurrence place. At that time, Maruti Swift Car was found in a suspicious manner and after seeing the Police party, the accused persons tried to escape from the car, but the respondent Police secured six accused persons and recovered 26.235 kgm of Ganja. Hence, the present case was registered.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner did not commit any allegation as alleged by the prosecution and the petitioner is A7. Based on the confession statement of co-accused, he was falsely implicated in this case. Already two bail applications filed by the petitioner were dismissed by this Court. The co-accused was enlarged on bail by this Court in Crl.O.P (MD) No.2462 of 2024, dtd. 16/2/2024. The Ganja seized from the petitioner is not a commercial quantity. Further, except this case, no case is pending against the petitioner. He would further submit that the petitioner is in judicial custody from 17/2/2023. Hence, he prays for grant bail to the petitioner.