KABEER HUSSAIN Vs. STATE

JUDGEMENT

(1.) The petitioner who was arrested and remanded to judicial custody on 8/12/2021 in C.C.No.166 of 2022 pending trial on the file of the learned Special Judge, II Additional Special Court for Exclusive Trial of cases under EC and NDPS Act, Chennai, in connection with Crime No.791 of 2021 registered for the offences punishable under Ss. 8(c) r/w 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985, seeks bail.

(2.) The case of the prosecution is that on 8/12/2021, at about 08.35 hours, on receipt of a secret information about the illegal transport of Narcotic Substance, the Sub-Inspector of Police along with his team went to the place of occurrence, wherein, the petitioner along with the other accused was found in illegal transportation of 21.5 kilograms of Ganja and the respondent have seized the contraband and arrested the accused. After completion of investigation, final report has been filed and the case has also been taken up for trial in C.C.No.166 of 2022, on the file of the learned Special Judge, II Additional Special Court for Exclusive Trial of cases under EC and NDPS Act, Chennai.

(3.) Mr.K.A.M.Jagadishkumar, learned counsel appearing for the petitioner submitted that this is the third application for bail filed by the petitioner before this Court. During the hearings on earlier bail applications, since certain important facts and aspects were not putforth by the petitioner, this Court was made by the prosecution to wrongly construe that the quantity of contraband recovered was 21.05 kilograms, which is a commercial quantity and thereby, this Court had dismissed the earlier applications for bail.