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2020 DIGILAW 737 (AP)

Avhad Ramesh Vikram v. State Of Andhra Pradesh

2020-11-25

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/A5 in connection with Crime No.97 of 2020 of Chintoor Police Station, East Godavari District, registered for the offences punishable under Sections 8(c), 20(b)(ii)(c ) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act"). 2. Heard learned counsel for the petitioner and the learned Public Prosecutor for the respondent-State. 3. The case of prosecution is that on 26.02.2020 on the credible information about illegal transportation of Ganja, the police while conducting vehicle checking opposite to the Chintoor Police Station, on seeing the police, the Accused A.3, A.4 and the petitioner/A.5 tried to skulk away from the place, but the police caught hold of them, and on questioning, they confessed their guilt, , the police seized 750 Kgs of Ganja in 30 plastic gunny bags each bag containing 25 kgs of Ganja under the cover of mediators report. The petitioners were arrested and remanded to judicial custody. 4. Learned counsel for the petitioner submits that the petitioner is not connected with the offence and he has been falsely implicated in the crime. 5. Learned Public Prosecutor submits that the investigation is still pending and the contra band that seized is 750 Kgs which is a commercial quantity, the petitioner/A.5 belonging to Maharashtra. He further submits that as the investigation is still pending, and at this point of time, if the accused is enlarged on bail it is very difficult to secure his presence during the course of trial. 6. Taking into consideration the fact that the contra band sized is 750 Kgs, which is a commercial quantity and there is a bar under Section 37 of the NDPS Act, and that the investigation is under progress, this Court is of the view that it is not a fit case to grant bail to the petitioner and criminal petition is liable to be dismissed. 7. In the result, the Criminal Petition is dismissed. Consequently, miscellaneous applications pending, if any, shall stand closed.