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2020 DIGILAW 596 (AP)

Alluri Sudheer Babu v. State Of Andhra Pradesh

2020-09-09

K.SURESH REDDY

body2020
JUDGMENT K. Suresh Reddy, J. - This Criminal Petition is filed by the petitioner/Accused No.1 under section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the impugned order dated 31.7.2020 passed in Crl.M.P.No.978 of 2020 on the file of the Special Judge Constituted under Narcotic Drugs and Psychotropic Substances Act-cum-I Additional Sessions Judge, Guntur. The alleged offences against the petitioner are under sections 188, 273, 307, 328, 336, 353, 420 r/w 34 of Indian Penal Code, 1860 (for short 'IPC'), Section 8 (c) r/w 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 58, 59, 63 of Food Safety and Standards Act,2006. 2. Heard the counsel for the petitioner and the Additional Public Prosecutor appearing for the respondent / State. 3. A reading of the first information report discloses that on 27.5.2020 at about 5.00 pm., Inspector of Police, Nallapadu Police Station, along with his staff proceeded to NH-16 Flyover, Etukuru Junction, Guntur Rural Mandal, intersepted the car bearing No.AP 07 BN 8586, apprehended the petitioner and seized 15 sacks of Mukbar, 5 sacks of Khalaja and 5 sacks of Zarda and 5 Kgs of Ganja from his possession. 4. Learned counsel for the petitioner submits that the petitioner has filed Crl.M.P.No.978 of 2020 before the learned Special Judge Constituted under Narcotic Drugs and Psychotropic Substances Actcum-I Additional Sessions Judge, Guntur, seeking statutory bail and the learned Judge dismissed the said petition by its order dated 31.7.2020. Aggrieved by the same, the petitioner filed the present Criminal Petition seeking to quash the said order. 5. It is important to note that the petitioner filed a petition under section 167 (2) of Cr.P.C., before the learned Special Judge seeking statutory bail and the same was dismissed. Now, the petitioner filed the present Criminal Petition seeking to quash the said order. Even if, the said order is quashed, the petitioner cannot be released and there is no use for the petitioner by quashing the said order. In such circumstances, he has to file another application seeking bail before this Court. Therefore, this petition is devoid of merits and is liable to be dismissed. 6. In that view of the matter, the Criminal Petition is dismissed with a liberty to file appropriate petition by the petitioner seeking his release on bail. As a sequel, the miscellaneous applications, if any pending, shall stand closed.