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2020 DIGILAW 601 (AP)

Korra Ravi v. State Of Andhra Pradesh

2020-09-10

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.29 of 2020 of Mothugudem Police Station, East 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 10-07-2020, the petitioners were found to be illegally transporting 60 kgs of Ganja in an auto-rickshaw bearing No.AP 05 TB 6460 and at that time, they were apprehended by the police and the 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. The contraband involved in this case is 60 kgs, which is a commercial quantity. Therefore, the bar contained in Section 37 of the N.D.P.S. Act applies to the present facts of the case. There is nothing to indicate on record that the petitioners are not guilty of commission of the said offences. On the other hand, the record reveals that the accusation made against the petitioners regarding illegal transportation of said Ganja is prima facie well founded. Investigation in this case is still pending. Therefore, the petitioners are not entitled to bail at this stage. 7. In the result, this Criminal Petition is dismissed.