VALAMPURI Vs. STATE THROUGH INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioners/accused 4, 5, 8 and 9, who were arrested and remanded to judicial custody for the offences under Ss. 8(C) r/w 20(b)(ii)(B), 25, 29(1) of the 'Narcotic Drugs and Psychotropic Substances Act 1985' (hereinafter referred to as 'NDPS Act'), on the file of the respondent, seek bail.

(2.) The case of the prosecution is that the Sub-Inspector of Police of Pettai Police Station received a tip-off on 19/10/2024 and that has been recorded in the General Diary and informed to the superior officers and a report was submitted. The police team reached the spot and A1 to A3 were found there and they were surrounded by the police. They were informed about their rights under Sec. 50 of the NDPS Act and they waived their rights and hence, search was conducted. A1 was found in possession of one kilogram of ganja and Rs.20,000.00 cash. A2 was found in possession of 2 kilograms of ganja and Rs.20,000.00 cash and similarly, A3 was found in possession of one kilogram of ganja and Rs.20,000.00 cash. When they were questioned, they informed that the total quantity of ganja was purchased from Madurai and it was distributed among the accused persons.

(3.) In the course of investigation, A1 confessed that some more ganja is available in her residence and accordingly, a search was conducted and a further 8 kilograms of ganja was seized from the house. A1 further confessed that other accused persons namely, A4 to A9 are also involved in this deal. Acting upon it, A4 and A5 were arrested on 20/10/2024 and 2 kilograms of ganja was seized from each one of them. A6 was arrested on the same day and 2 kilograms of ganja was seized from A6. On 23/10/2024, A7 and A8 were arrested with one kilogram of ganja and 1.500 kilogram of ganja, respectively. A9 was arrested on 27/10/2024 and he was found in possession of 400 grams of ganja. The case of the prosecution is that all the accused persons acted with a common intenton and each was conscious of the possession of ganja by other accused persons and hence, the total seizure of 20.900 kilograms of ganja was attributed against A1 to A9. Since it fell under commercial quantity, the respondent has filed a counter-affidavit and has taken a stand that there are no mandatory violations in this case and that the investigation is pending.