RAMESH Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 19/8/2025 for the offences under Ss. 8(c), 20(b)(ii)(C) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.675 of 2025 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that on 8/8/2025 at about 19:30 hours, based on a specific information regarding illegal sales of Ganja by the petitioner herein and one Mohammed Oli Jinna, the respondent team went to the place of occurrence; that on seeing the police, the accused fled away from the spot leaving behind a white colour bag; that when the respondent had inspected the said bag left by the accused, it contains 28 kilograms of Ganja; that thereafter, A2 was arrested in this case and his statement was recorded; that subsequently, the petitioner herein was intercepted near Retteri Aatusandhai by the respondent; that after complying all the mandatory provisions under NDPS Act, search and seizure was effected from the petitioner, thereby another 1.500 kilograms of Ganja was seized from him; that thereafter, his confession statement was recorded, which reveals that the petitioner had procured Ganja from Andhra Pradesh and sold the same to other accused, which were in turn sold to general public for monetary gain; that thereafter, the petitioner was arrested and remanded to judicial custody.

(3.) The learned counsel appearing for the petitioner submitted that, though it is alleged that the petitioner herein along with other accused brought 28 kilograms of Ganja, that on seeing the police party, they have dropped the same and ran away from the spot; that thereafter, the contraband was seized and the FIR was registered against the petitioner and A2 in this case, however the seized contraband was produced before the concerned Magistrate only on 19/8/2025, in which the petitioner herein was arrested with another seizure of 1.500 kilograms of Ganja. He further submitted that the report of the forensic examination reveals that no samples were taken from the 28 kilograms of Ganja seized on 8/8/2025 and the same was not subjected to chemical examination, only the sample taken from the 1.5 kilograms of Ganja alleged to have been seized on 19/8/2025 was sent for chemical examination after a huge delay and further there is no material to link the petitioner herein with the 28 kilograms of Ganja alleged to have been recovered during the first occurrence on 8/8/2025. He further submitted that there is a long delay in producing the contraband before the concerned Court is fatal to the prosecution case and it is clear non compliance of Sec. 52A of the NDPS Act; that the co-accused/ A2 in this case was granted bail by this Court, vide order dtd. 18/11/2025 in Crl.O.P.No.25682 of 2025; that the petitioner is in judicial custody since 19/8/2025; and that the petitioner is ready to abide by any condition that may be imposed by this Court and sought for bail to the petitioner.