ORDER :

Petitioner is an accused in Crime No.1091/2023 of Kollengode Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act')

2. The prosecution allegation is that on 23.12.2023 at 23.10 hours, the Inspector of Police, Kollengode Police Station had reached the house of the petitioner upon a prior information and found 3 packets of ganja from accused no 1 to 3, weighing 8.455, 8.245 and 7.190 Kilograms respectively. The accused persons were arrested from the spot and the contraband articles were recovered. Thus, the accused committed the above said offences.

3. Heard counsel for the petitioner and the Public Prosecutor.

4. The counsel appearing for the petitioner raised a short point. The counsel relied on the judgment of the Apex Court in Ankur Chaudhary v. State of Madhya Pradesh [ 2024 Live Law (SC) 416 ] and Nitish Adhikary @ Bapan v. The State of West Bengal [SLP to Appeal (Crl.) No.5769 of 2022] and also Hasanujjaman and others v. The State of West Bengal [ SLP to Appeal (Crl.) No.3221 of 2023 ] and submitted that when there is incar