K.Jahir Hussain v. Union Of India

Crl.O.P.No.5075 of 2024 T.V.THAMILSELVI, J.

The petitioner/A5, who was arrested and remanded to judicial custody on 27.07.2023, in R.R.No.23 of 2023 in NCB F.No.48/1/02/2023-NCB/MDS pending on the file of the Special Judge for NDPS Act cases at Chennai, registered for the alleged offence punishable under Section 8(C) r/w 20(b)(ii)(C), 27, 28 and 29 of NDPS Act, 1985 seeks bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that he was falsely implicated, as if the petitioner along with other accused was found in illicit trafficking of 432.700 kgs of brownish green colour dry leaves of ganja. He further submitted that the petitioner is suffering incarceration from 27.07.2023 and he is ready to abide any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

3. The learned Special Public Prosecutor appearing for the respondent police submitted that the petitioner along with other accused https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

drl was found to be in illegal possession of 432.700 kgs of ganja, which is a commercial quantity and the contraband was seized from this petitioner. He further submitted that the investigation is almost completed and the charge sheet has also been filed. However, he opposed for the grant of bail to the petitioner.

4. Considering the grave nature of offence and also considering the facts and circumstances of the case and also taking note of the fact that the contraband seized is a commercial quantity, and also considering the fact that the petitioner failed to satisfied the conditions laid down under Section 37 of the Act, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition stands dismissed.

10.07.2024 drl Crl.O.P.No.5075 of 2024 https://www.mhc.tn.gov.in/judis