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2020 DIGILAW 585 (AP)

Someswar Manohar Shakubade v. State

2020-09-08

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.287 of 2020 of Jeelugumilli Police Station, West Godavari District. 3. The offences registered 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. It is the case of the prosecution that on 12-07-2020, the petitioners along with other accused were found to be illegally transporting 277.82 kgs of Ganja in a traveler van force vehicle and at that time, they were apprehended by the police and the c 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 main culprits, who are responsible for transportation of the said Ganja is A-5 and the petitioners herein, who are A-1 to A-3 are only the driver and cleaners of the vehicle and thereby prayed for grant of bail to the petitioners on the ground that they have been in judicial custody since 12-07-2020. 7. Learned Additional Public Prosecutor would submit that the petitioners have taken Rs.30,000/- from the other accused and deliberately agreed to transport the said Ganja and thereby indulged in a criminal activity. Therefore, the accusation made against them is prima facie well founded and as quantity of Ganja is 277.82 kgs, the bar under Section 37 of the N.D.P.S. Act applies to the present facts of the case and thereby prayed for dismissal of the petition, as the investigation in this case is still pending. 8. Perused the record. 9. A perusal of the record and particularly the remand report, makes it clear that the petitioners voluntarily and deliberately agreed to transport the said huge quantity of Ganja after accepting the offer of Rs.30,000/- from the other accused in this case. Therefore, their malafide intention in transporting the said Ganja is apparent from the said fact. Further, the quantity of Ganja involved in this case is 277.82 kgs, which is a commercial quantity. So, the bar under Section 37 of the N.D.P.S. Act applies to the present facts of the case. Therefore, their malafide intention in transporting the said Ganja is apparent from the said fact. Further, the quantity of Ganja involved in this case is 277.82 kgs, which is a commercial quantity. So, the bar under Section 37 of the N.D.P.S. Act applies to the present facts of the case. There is nothing to indicate that the petitioners are not guilty of commission of the said offences. In fact, as noticed supra, the accusation made against the petitioners is prima facie well founded. Investigation in this case is still pending. Therefore, the petitioners are not entitled to bail at this stage. 10. In the result, this Criminal Petition is dismissed.