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2022 DIGILAW 312 (AP)

Chinnapareddy Tirupathi Reddy v. State of Andhra Pradesh

2022-03-16

CHEEKATI MANAVENDRANATH ROY

body2022
JUDGMENT Cheekati Manavendranath Roy, J. - These two criminal petitions are filed under Section 439 of the Code of Criminal Procedure, 1973, to enlarge the petitioners on bail. 2. The petitioner in Crl.P.No.983 of 2022 is a-1 and the petitioner in Crl.P.No.984 of 2022 is a-3 in Crime No.295 of 2021 of Peddapadu Police Station, West Godavari District. Therefore, as the petitioners are accused in the same crime, these petitions are heard together and they are being disposed of by this common order. 3. a case under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances act, 1985 (for short 'NDPS' act) was registered against them in the above crime. 4. Briefly stated, it is the case of the prosecution that on the request made by a-4, to a-1 to a-3 to supply ganja to him that a-1 to a-3 have procured ganja from a-5 and when they are transporting the said 24 KGs of ganja in a car that a-1 to a-3 were apprehended by the police and the contraband was seized from their possession. Therefore, it is stated that the petitioners have committed the aforesaid offence along with other accused in the above crime. 5. Heard learned counsel for the petitioners and the learned additional Public Prosecutor for the State. 6. The contraband that is involved in this case is 24 KGs of ganja which is a commercial quantity. Therefore, the bar under Section 37 of the NDPS act applies to the present facts of the case. There is nothing to indicate on record that the petitioners are not guilty of committing the said offence. On the other hand, as the petitioners were apprehended by the police when they are in possession of 24 KGs of ganja and while they were transporting the same in a car, the accusation made against the petitioners is prima facie well founded. Further, investigation in this case is pending. Therefore, in the facts and circumstances of the case, the petitioners are not entitled to bail at this stage. 7. Resultantly, the Criminal Petitions are dismissed.