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2020 DIGILAW 417 (AP)

G. Vara Prasad v. State Of Andhra Pradesh

2020-06-15

CHEEKATI MANAVENDRANATH ROY

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JUDGMENT Cheekati Manavendranath Roy, J. - This petition is filed under Section 439 of the Code of Criminal Procedure, 1973, to enlarge the petitioners on bail. 2. The petitioners are A-1 and A-2 in Crime No.122 of 2020 of Biccavolu Police Station, East Godavari District. 3. The alleged offences against them are under Sections 8 (C) r/w 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "N.D.P.S. Act"). 4. Briefly stated, it is the case of the prosecution that on 01-05-2020, the petitioners were found to be illegally transporting 46 kgs of Ganja in the Lorry bearing No.TN 05 AL 5829. At that time, police apprehended them and on search of the vehicle, the aforesaid contraband was found and same was seized by the police. Therefore, the petitioners have committed the aforesaid offences. 5. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor. 6. Learned counsel for the petitioners would submit that the petitioners are from Tamilnadu State and they are driver and cleaner of the lorry and they transported rice to Vizianagaram and at that time, they were in quarantine for a period of fourteen (14) days and thereafter they were released as they are not tested positive. Subsequently, they were arrested in connection with this crime. Therefore, he would submit that the petitioners are innocent and they are falsely implicated in this case and thereby prayed for grant of bail to the petitioners. 7. Learned Additional Public Prosecutor while opposing the bail application, would submit that the petitioners who are the driver and cleaner of the said lorry after purchasing the Ganja that they are transporting the same to sell the same in the State of Andhra Pradesh. Therefore, their complicity in commission of the said offences is apparent from the record. He would submit that the quantity of Ganja is 46 kgs is a commercial quantity. Therefore, as investigation in this case is pending, he prayed for dismissal of the petition. 8. Perused the record. 9. The petitioners are the residents of Tamilnadu State. As per the prosecution version which is emanating from the record, on 01-05-2020, they were found to be illegally transporting 46 kgs of Ganja. Therefore, the accusation made against them is prima facie well founded. Further, the quantity of Ganja involved in this case is 46 kgs, which is a commercial quantity. The petitioners are the residents of Tamilnadu State. As per the prosecution version which is emanating from the record, on 01-05-2020, they were found to be illegally transporting 46 kgs of Ganja. Therefore, the accusation made against them is prima facie well founded. Further, the quantity of Ganja involved in this case is 46 kgs, which is a commercial quantity. So, the bar under Section 37 of the N.D.P.S. Act applies to the facts of the case. There is no material on record to presume that the petitioners are not guilty of commission of the aforesaid offences. Investigation in this case is still pending. Therefore, the petitioners are not entitled to bail at this stage. Even though they are in quarantine for a period of fourteen (14) days, admittedly they are not tested positive. 10. So, in the facts and circumstances of the case, this Criminal Petition is dismissed. Miscellaneous Petitions, if any pending, in this Criminal Petition, shall stand closed.