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Judgment
This Criminal Petition under Sections 437 and 439 of Cr.P.C., is filed by petitioner â€" Accused No.6 in connection with NCB F.No.
48/1/5/2021/NCB/SUB-ZONE/HYD, registered for the offences punishable under Sections 8 (c) r/w 20 (b) (ii)(C) of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short “NDPS Actâ€), seeking bail.
This is the second bail application and this Court dismissed the earlier bail application by order dated 17.12.2021, wherein it was observed that huge
contraband of 640 Kgs is seized in this crime and as there is prima facie material to show the involvement of petitioner in the alleged crime and since
the contraband seized comes under the commercial quantity, there is a bar under Section 37 of NDPS Act, where the petitioner failed to satisfy the
twin conditions.
Heard Ms.Arshiya Begum, learned counsel for petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent-State.
Learned counsel for petitioner submits that while granting bail, the Court has to look into entire material available on record. Further, except the call
data, there is no other material to connect the accused with the alleged crime. She submits that petitioner has lost his wife due to Covid-19 and he is
having two children, as such his case may be considered for grant of bail.
In the earlier bail application, a detailed counter was filed and similar grounds were raised and this Court taking into consideration the averments in
the counter, where it is stated that analysis of CDR of mobile number revealed that A-2 is in the tower location of Andhra Pradesh three times and he
was also found to be in regular contact with suppliers. Further, he called the mobile number belonging to petitioner, who arranged Eicher Truch for
transportation of Ganja, which corroborates the statement made by other accused and even during the trip also, they were found to be in continuous
touch with A-4 and as on the date of incident, he was in Rajanagaram of East Godavari District and relying on these aspects, this Court dismissed the
earlier bail application.
Therefore, in the above circumstances, learned counsel for the petitioner could not make out any ground for grant bail to the petitioner.
Accordingly, this criminal petition is dismissed.