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2024 Supreme(SC) 130

B. R. GAVAI, SANDEEP MEHTA
State by the Inspector of Police – Appellant
Versus
B. Ramu – Respondent


Advocates:
Advocate Appeared:
For the Appellants : V. Krishnamurthy, D. Kumanan, Sheikh F. Kalia, Veshal Tyagi, Deepa S.
For the Respondents: G. Sivabalamurugan, Selvaraj Mahendran, C. Adhikesavan, S.B. Kamalanathan, Sumit Singh Rawat, P.V. Harikrishnan, Karuppaiah Meyyappan, Kanika Kalaiyarasan, Abhishek Kalaiyarasan, Raghunatha Sethupathy B.

ORDER :

1. Heard.

2. This appeal is directed against the order dated 25.01.2022 passed by the learned Single Judge of the Madras High Court whereby, the application under Section 438 of Code of Criminal Procedure, 1973 preferred by the respondent-accused in connection with Crime No. 235 of 2021 registered at P.S. Erode Taluk, District-Erode was allowed and the respondent-accused was granted anticipatory bail in connection with the aforesaid FIR registered for the offences punishable under Sections 8(c), 20(b)(ii)(c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter being referred to as ‘NDPS Act’).

3. On perusal of the case records, it becomes apparent that on search of the house of Brinda/A1 and Kesavan/A2, both were found to be in possession of 232.5 kg of ganja. The respondent-accused herein was indicted as being the conspirator for procurement/supply of the ganja so recovered.

4. As per the schedule to the NDPS Act, the commercial quantity of ganja is 20 kg. It is thus not in dispute that the quantity of the narcotic substance seized in this case is well above commercial quantity.

5. The learned Public Prosecutor appearing for the State in the High C

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