Baiju v. Inspector Of P Olice

Crl.O.P.No.398 of 2024 C.V.KARTHIKEYAN,J.

The petitioner/A2 in C.C.No.331 of 2023, now pending trial before the Principal Special Judge under EC and NDPS Act Cases, Chennai, seeks bail. Originally, Crime No.173 of 2022 had been registered for the offences under Sections 8(c) r/w 20(b)(ii)(c), 25 and 29(1) of NDPS Act. The petitioner had been remanded to judicial custody on 17.09.2022. 2.It is the case of the prosecution that A1 and A2 were found in possession of 21 kgs of ganja. It had been split into 10.500 kgs each in two bags.

3.It is stated that final report had been filed and the same had been taken cognizance as C.C.No.331 of 2023 by the Principal Special Judge under EC and NDPS Act Cases, Chennai.

4.This Court was of the opinion that the actual weight of the contraband would be determined, after deducting or subtracting the weight of the bags and 1/3

therefore, sought a report from the learned Principal Special Judge under EC and NDPS Act Cases, Chennai. But however, it is stated that since the total weight of the contraband is 20.500 kgs, it would be an exercise in futility for awaiting such a report. The learned counsel for the petitioner had also represented the same.

5.In view of that particular fact since the contraband seized is commercial in nature, I am not inclined to grant bail to the petitioner herein. Accordingly, this Criminal Original Petition is dismissed. 31.01.2024 ata 2/3

C.V.KARTHIKEYAN,J.

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