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2020 DIGILAW 461 (AP)

Marugan Nataraj v. State Of Andhra Pradesh

2020-07-16

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 to A-3 in Crime No.200 of 2019 of Prohibition and Excise Station, Anakapalli, Visakhapatnam 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. 4. Briefly stated, it is the case of the prosecution that on 15.12.2019, the petitioners were found to be illegally transporting 154 kgs of Ganja in ambassador car and at that time, they were apprehended by the police and contraband was seized from their possession. Therefore, they 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 have been in judicial custody since 15.12.2019 for the last more than six months period and thereby prayed for grant of bail to them. 7. Learned Additional Public Prosecutor opposed the criminal petition. He would submit that the contraband involved in this case is 154 kgs, which is a commercial quantity and as such the bar under Section 37 of the NDPS Act applies to the facts of the case. He submits that the investigation is pending and thereby prayed for dismissal of the petition. 8. Perused the record. 9. The contraband involved in this case which is found to be in possession of the petitioners is 154 kgs, which is a commercial quantity. Therefore, the bar under Section 37 applies to the present facts of the case. There is no material to hold that the petitioners are not guilty of commission of the said offence. On the other hand, the accusation against the petitioners is prima facie well founded, as they are caught by the police when they were illegally transporting 154 kgs of Ganja and the contraband was seized from their possession. Investigation in this case is still pending. Therefore, having regard to the facts of the case and the grave nature of the offences and as the investigation is still pending, this Court is of the considered view that the petitioners are not entitled to bail at this stage. In the result, the Criminal Petition is dismissed.