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Judgment
This Criminal Petition is filed under Section 438 of Cr.P.C., seeking pre-arrest bail to the petitioners/accused Nos.2 and 3 in the event of their arrest in connection with C.O.R.No.103 of 2022, pending on the file of Prohibition and Excise Station, Bhadrachalam, Bhadradri Kothagudem District, registered for the offence punishable under Section 8(C) read with 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “N.D.P.S.Act, 1985”).
Heard learned counsel for the petitioners/accused Nos.2 and 3 and learned Assistant Public Prosecutor for the respondent-State.
The case of the prosecution is that on 03.05.2022, the Excise Police, Bhadrachalam stopped Swift Car and found 150 kgs. of dry ganja in the dicky of the Car and three persons were travelling in the said car and two of them escaped and only accused No.1 was arrested. The arrested accused No.1 had stated the names of these petitioners in the panchnama saying that they were the persons, who escaped after stopping the Car.
In the said circumstances, no case for anticipatory bail is made out. However, the petitioners/accused Nos.2 and 3 are so advised, they can surrender before the concerned Court within 10 days from the date of this Order duly giving notice to the Public Prosecutor and upon such surrender and in the event of the petitioners/accused Nos.2 and 3 filing application under Section 437/439 of the Cr.P.C., the concerned Magistrate shall dispose of the bail application within two working days.
Accordingly, the criminal petition is disposed of.
Miscellaneous applications, if any pending in this criminal petition, shall stand closed.