N.ANAND VENKATESH
Kumar – Appellant
Versus
State – Respondent
ORDER :
N. ANAND VENKATESH, J.
1. The petitioners/Accused Nos. 1 and 2, who were arrested and remanded to judicial custody on 15.02.2019 for an offence under Section 8(c) r/w. 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act"), in Crime No. 438 of 2018 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the Sub-Inspector of Police of D-1 Ramanathapuram Law and Order Police Station, Coimbatore, received an information that a person was in possession of Ganja near KTM showroom at Sungam Bypass Road, Coimbatore. After compliance of the statutory provisions under Section 41 of the NDPS Act, the police officer, along with the team, went to the spot at 09.30 a.m. and surrounded the person and came to know his name as Rajesh Kumar. This accused person was found in possession of 35 kg of ganja, kept in a nylon bag. After compliance of the mandatory provisions, the same was seized under mahazar in the presence of independent witnesses. Thereafter, his confession statement was also recorded. Based on his confession, the petitioners herein, who are ranked as A1 and A2, were added as accused persons. The petitioner in
Kashmira Singh v. State of Madhya Pradesh AIR 1952 SC 159
Hari Charan Kurmi and Jogia Hajam v. State of Bihar AIR 1964 SC 1184
State v. Nalini (1999) 5 SCC 253
P.K. Shaji v. State of Kerala (2005) AIR SCW 5560 : AIR 2006 SC 100 : (2005) 13 SCC 283
Vinod Kumar v. State of Punjab AIR 2015 SC 1206 : (2015) 3 SCC 220 : (2015) 1 MLJ (Crl) 288 (SC)
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