Inadmissible confessions and lack of material evidence are grounds for granting bail in NDPS cases. The provisions of Sec.37 of the NDPS Act and relevant case laws are crucial in determining bail eligibility.

G.M. AKBAR ALI, J., 1. The petitioner in Crl.O.P.27869 of 2010, who was produced under P.T.Warrant on 17.9.2010; the petitioner in Crl.O.P.No.27872 of 2010, surrendered on 22.2.2010; the petitioner in Crl.O.P.No.18772 of 2010, was arrested on 11.6.2010; the petitioners in Crl.O.P.No.22318 of 2010, were arrested on 7.2.2010; the petitioner in Crl.O.P.No.23008 of 2010, was arrested on 20.5.2010; the petitioner in Crl.O.P.No.23415 of 2010, was arrested on 20.2.2010 and the petitioner in Crl.O.P.No.26495 of 2010, was arrested on 7.3.2010 for the offences punishable under Secs.8(c) r/w 20(b)(11)(C), 25, 27(A), 29 of NDPS Act in Cr.Nos.51 and 55 of 2010 on the file of the respondent police, seek bail.

2. On 7.2.2010, the Inspector of Police, Chennimalai Police Station had received information that within the limits of the Police Station at a Village called Pudhu Valasu, Ganja plantation is being cultivated. On such information, he proceeded with police party along with Thiru.Gopal, Village Administrative Officer of Yekkatampalayam. When they reached the land, belonging to one Chellamuthu, S/o Kandasamy Gounder, they saw Ganja plantation and the harvested Ganja crops. There were gunny bags, containing ganja and polythene bags containing ganja seeds. He seized the gunny bags and polythene bags and the bags containing ganja seeds under mahazar. He arrested the owner of the land viz., Chellamuthu and recorded his confession statement. It was found that the said Chellamuthu had leased out the land to one Palkaramurthy, Ponnysamy Nadar and Ganesan and three others for ganja plantation. During further investigation, he arrested one Nallasivam and based on his confession, he had arrested the other accused. He also registered a case in Cr.No.51/2010 for offences under sections 8(c) r/w 20(b)(11) (C), 25, 27(A), 29 of NDPS Act. After investigation, charge sheet had also been filed against 11 accused.

3. As per the charge sheet, A.1 to A.6 were alleged to have committed the offence of cultivating 2500 kgs of ganja and also in possession of 300 kgs of ganja, 8 kgs of ganja seeds and 300 grams of ganja tablets. Apart from this, A.1 was found to be in possession of 60 kgs of dried ganja; A2 was found to be in possession of 40 kgs of dried ganja ; A4 was found in possession of 10 kgs of dried ganja: A5 is the owner of the land, who permitted A.1 to A.4 and A.6 to cultivate ganja in his land; A.7, A.8 and A.11 were found to be assisting A.1 to A.6 for cultivation of ganja and A.9 and A.10 were alleged to have financed for cultivation of ganja.

4. The petitioner in Crl.O.P.No.23415 of 2010 by name Ganesan has been arrayed as A.1. The petitioner in Crl.O.P.No.27872 of 2010 by name Palkaramurthy @ Eswaramoorthy has been arrayed as A.2. The petitioner in Crl.O.P.No.26495 of 2010 by name Nallasivam has been arrayed as A.3. The petitioners in Crl.O.P.Nos.22318 of 2010 by name Pandian and Iyer have been arrayed as A.7 and A.8. The petitioner in Crl.O.P.No.23008 of 2010 by name Murugan has been arrayed as A.9. The petitioner in Crl.O.P.No.18772 of 2010 by name Palanisamy has been arrayed as A.11 and the petitioner in Crl.O.P.No. 27689 of 2010 by name Palkaramurthy @ Eswaramoorthy has been arrayed as A.6 in Cr.No.55 of 2010.

5. Mr.C.S. Dhanasekaran, who appeared for the petitioner(A1) in Crl.O.P.No.23415 of 2010 would submit that this petitioner has been implicated based on the alleged confession of a co-accused and thus it is hit by Sec.25 of the Evidence Act and except the allegations contained in the confession, no other materials are against him. The learned counsel pointed out that under similar circumstances, this Court had granted bail in Crl.O.P.No. 6687 of 2010. He also produced the order copy in Crl.O.P.No.6687 of 2010, wherein in Cr.No.140 of 2006, this court has considered that the only material available against the petitioner therein is the alleged confession given to the police by the accused therein which is an inadmissible piece of e