PALDINESH Vs. STATE

JUDGEMENT

(1.) The petitioners, who were arrested and remanded to judicial custody on 4/10/2022 for the alleged offences punishable under Ss. 328 IPC r/w 20(b)(ii)(A) Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.374 of 2022 on the file of the respondent Police, seek bail.

(2.) The case of the prosecution is that on 2/10/2022 at about 12.00hours, on receipt of a secret information about the illegal sale of Ganja near Tindivanam Theerthakulam Bridge, the Sub-Inspector of Police along with the Police team went to the place of occurrence after entering the same in the general diary, wherein, the petitioners along with the other accused were found in illegal possession of 750 Tapentadol Hydrochloride Tablets, 16 Nos. of 100 ml Non Pyrogenic sterile, 20 Nos. of Insuline Syringe and 50 grams of Ganja and the respondent have seized the contraband under the cover of seizure mahazar and registered a case in Crime No.374 of 2022 under Ss. 328 IPC r/w 20(b)(ii)(A) Narcotic Drugs and Psychotropic Substances Act, 1985. Hence the case.

(3.) The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and even as per the prosecution, the alleged contraband recovered from the petitioners and other accused does not fall within the schedule specified under NDPS Act. He would also submit that no contraband has been recovered from the second petitioner and there is no previous case as against the petitioners under NDPS Act. He would also submit that the petitioners are in custody from 4/10/2022 and they are ready to abide by stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioners.