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2022 DIGILAW 445 (AP)

Mohmad Wajid v. State of Andhra Pradesh

2022-04-22

CHEEKATI MANAVENDRANATH ROY

body2022
JUDGMENT Cheekati Manavendranath Roy, J. - This criminal petition under Section 439 of the Code of Criminal Procedure, 1973 is filed to enlarge the petitioner on bail. 2. The petitioner is a-3 in Crime No.300 of 2020 of Golugonda Police Station, Visakhapatnam District. 3. a case under Sections 20(b)(ii)(C) and 25 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances act, 1985 (for short 'NDPS' act) was registered against the petitioner in the above crime along with other accused. 4. as the petitioner is not turning up for hearing in this matter, the matter is posted to today under the caption for 'orders'. Yet, there is no representation on behalf of the petitioner. Therefore, the matter is being disposed of on merits after hearing the learned additional Public Prosecutor. 5. It is the case of the prosecution that on 11.11.2021, 500 KGs of ganja was found in a car. Subsequently, when one of the accused in the present crime was arrested, he disclosed that he along with the petitioner herein and other accused in the present crime are transporting the ganja in the said car. Therefore, it is stated that the petitioner has committed the aforesaid offence along with other accused in the above crime. 6. The contraband involved in this case is 500 KGs of ganja which is a commercial quantity. Therefore, the bar and rigour contained in Section 37 of the NDPS act applies to the present facts of the case. There is nothing on record to indicate that the petitioner is not guilty of committing the said offence. as per the submission made by learned additional Public Prosecutor, investigation in this case is still pending. Therefore, the petitioner is not entitled to bail at this stage. 7. Resultantly, the Criminal Petition is dismissed.