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Judgment
This is an application filed under Section 439 of the Code of Criminal Procedure seeking bail for the first accused, who is involved in a case alleging
offence punishable under Section 24(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The precise allegation is that the petitioner along with two others were found in possession of 24.560 kgs of Ganja, which is commercial quantity.
The learned counsel for the petitioner submits that he is an Engineering graduate, he has no criminal antecedents, he was not in conscious possession
of the vehicle, that he happened to be in the vehicle getting lift, that he is innocent.
The learned Public Prosecutor has seriously opposed the application. According to him, the investigation is only at the initial stage and the source of
that much quantity of ganja has to be probed into.
The petitioner was arrested on 16.11.2020. Since the investigation of the case is in progress, it is too early for this Court to form an opinion on the
claim that the petitioner was an innocent, bonafide passenger of the vehicle. It is the specific allegation that a big quantity of ganja was seized from the
vehicle. Considering the big quantity of narcotic drugs involved which was alleged to be in the possession of the petitioner and having regard to the
stage of investigation, I am not inclined to grant bail to the petitioner now.
This bail application is dismissed.