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2020 DIGILAW 697 (AP)

Maskula Rajkumar v. State Of Andhra Pradesh

2020-11-04

LALITHA KANNEGANTI

body2020
JUDGMENT Lalitha Kanneganti, J. - This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioner in connection with Crime No.49 of 2020 of Maredumilli Police Station, East Godavari District for the offence punishable under Section 8(c) r/w 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'). The petitioner before this Court is A-3, who is driver of the vehicle. 2. Heard Sri Medisi Ratna Rao, learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondentState. 3. The case of prosecution is that on 25.06.2020 the petitioner along with other accused was transporting 178.9 KGs of ganja illegally. The police apprehended the petitioner along with others, registered a case in Crime No.49 of 2020 and on the same day they were remanded to judicial custody. 4. The learned counsel for the petitioner submits that the petitioner is only driver of the vehicle and he has no knowledge about the transportation of ganja and he has nothing to do with the said offence and sought for grant of bail. 5. The learned Additional Public Prosecutor submits that as per panchnama, the driver of the vehicle has knowledge about the transportation of seized contraband. Further as the investigation is still in progress, if the petitioner is enlarged on bail at this stage, it is very difficult to secure his presence during trial and he may tamper with the evidence. He further submits that the quantity seized by the police is a commercial quantity. Hence, prayed to dismiss the petition. 6. Taking into consideration the fact that the investigation is still in progress and further the contraband that is seized is 178.9 KGs and in view of the bar under Section 37 of the NDPS Act, it is not a fit case to grant bail to the petitioner. In the result, the Criminal Petition is dismissed. Consequently, miscellaneous applications pending, if any, shall stand closed.