SUNDAR Vs. STATE

JUDGEMENT

(1.) The petitioners, who were arrested and remanded to judicial custody on 5/4/2024 for the offences under Ss. 8(c) r/w 20(b)(ii)(c), 25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 on the file of the respondent police, seek bail.

(2.) The case of the prosecution is that on 5/4/2024 at about 11:00a.m., based on a specific information, the respondent police team went to a residential place at No.36, Ganapathi Nagar, Surapattu main Road, Puthakaram, Kolathur, wherein they intercepted the petitioners herein/ A1 and A2, who were carrying shoulder bags; that after complying all the mandatory provisions under the NDPS Act, search and seizure was effected and found that they were in possession of 6 kilograms of ganja and 4 kilograms of Ganja, respectively in their shoulder bags; that thereafter, their statements were recorded, which leads to another seizure of 249.200 kilograms of dry Ganja from A1's house; that subsequently, arrest memo was issued to them and they were remanded to judicial custody. Hence, this case.

(3.) The learned counsel appearing for the petitioner/ Sundar submitted that the respondent had foisted a false case as against the petitioner herein; that initially the respondent is alleged to have seized 6 kilograms of Ganja from the petitioner herein and based on the confession statement, further commercial quantity of contraband is alleged to have been seized from the house of the petitioner and the seizure mahazar was prepared in the presence of the witnesses, who were none other than police officers; that the sample of the alleged contraband seized on 5/4/2024 was not produced before the learned Magistrate at the time of remand and the requisition to FSL was sent only on 2/5/2024, therefore there is a delay in producing the contraband before the Court and sending the same for analysis to Forensic Science Laboratory, hence there is a violation of Sec. 52A of NDPS Act. He also submitted that though the requisition to FSL was given on 2/5/2024, the Director of the FSL received the report on 23/7/2024 and the same was forwarded to the Trial Court only on 5/9/2024, hence there is an inordinate and unexplained delay of nearly four months and also violation of Rule 14 of NDPS Rules, 2022; that the petitioner is in judicial custody since 5/4/2024 and there is no progress in the trial; 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.