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Judgment
K. Suresh Reddy, J
Accused No.4 in Cr.No.32 of 2019 on the file of the Pedabayalu Police Station, Visakhapatnam District, filed the present application under Section 438 Cr.P.C., seeking pre-arrest bail. The above crime was registered against the petitioner and others for the offence punishable under Section 20(b)(ii)(B) read with Section 8(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985.
Case of the prosecution in brief is that, on 02.07.2019 on reliable information about the illegal possession and transportation of ganja, the Assistant Sub Inspector of Police, Pedabayalu PS, along with his staff and mediators rushed to Rogulapeta junction and while they were conducting vehicle checking, they found three persons coming on Pulsar motor bike bearing registration No.OD 30 A 5473 and on seeing the police, when they tried to escape from the scene, the Assistant Sub Inspector of Police, apprehended Accused Nos.1 to 3, who were found in possession of 29.900 kgs of ganja. After conducting panchanama and after seizing the contraband, they were remanded to judicial custody subsequently. During the course of investigation, A.1 to A.3 made a confession stating that the petitioner/A.4 has supplied the said ganja to them. On the basis of the said statement, the petitioner was impleaded as A.4 in the present case. After completion of the investigation, the police filed charge sheet and the case was numbered as NSC No.99 of 2020 on the file of the Metropolitan Sessions Judge cum Special Court for NDPS Cases, Visakhapatnam.
Sri Kakumanu JojiAmrutha Raju, learned counsel appearing for the petitioner, vehemently contended that except the so-called confession of A.1 to A.3, there is no other material to connect the petitioner with the alleged offence and the police foisted a false case against him, though there is no material and hence, he requests this Court to enlarge the petitioner on pre-arrest bail.
On the other hand, learned Assistant Public Prosecutor, opposed the bail application, contending that though the charge sheet was filed in the year 2020, till today, the petitioner is absconding. He further contends that the contraband involved in the present crime is 29.900 kgs of ganja, which is a commercial quantity.
This Court perused the entire material on record. In view of the facts and circumstances of the case, as the crime was registered in the year 2019, the session case was numbered in the year 2020, the petitioner is evading arrest till date and the contraband involved in the present case is a commercial quantity, this Court is not inclined to grant anticipatory bail to the petitioner.
Accordingly, the criminal petition is dismissed.