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Judgment
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioner/A-3, for grant of anticipatory bail
in Crime No.50 of 2021 of Medak Town Police Station, Medak District, registered for the offence punishable under Section 20-B of the N.D.P.S.
Act, 1985.
Heard the learned counsel for the petitioner/A-3, the learned Additional Public Prosecutor representing the respondent-State and perused the record.
It is submitted by learned counsel for the petitioner that the prosecution is trying to arrest the petitioner at any time, though there is absolutely no
offence on record that the petitioner is also involved in transporting ganja. It is further submitted that basing on the confessional statement of the other
accusd, the name of the petitioner has been arrayed as A-3 in the crime. He submits that the petitioner is ready to abide by any conditions, which this
Court may deem fit to impose in case of granting anticipatory bail. Hence, he prayed to grant anticipatory bail to the petitioner/A-3.
Learned Additional Public Prosecutor opposed the same and submitted that the petitioner is also involved in consuming ganja along with other accused
and also transporting ganja for earning more money. Hence the petitioner is not entitled for grant of Anticipatory Bail.
A perusal of the remand case diary shows that the petitioner/A-3 is the native of Gudipally Village of Chiragpally Mandal, Sangareddy District; that he
along with A-1 and A-2in the crime is addicted to alcohol and other vices; that accordingly, the accused had decided to earn more money in easy
manner by transporting ganja. Hence, on 05.03.2021, A-1 and A-3 boarded a bus and reached Zaheerabad; that they went to Donkarai Village in the
car brought by A-2 in order to purchase ganja; that after purchase of ganja, while they were returning on the way near Bhadrachalam, the police
apprehended them; that A-3 got down the car by stating that he will go by bus. Thereafter the other accused have been caught by the police. Thus, it
is apparent that the petitioner /A-3 is also involved in transportation of ganja along with other accused in the crime.
Having regard to the facts and circumstances of the case, the allegations leveled against the petitioner/A-3 and his involvement in the commission of
offence, this Court is not inclined to grant anticipatory bail to the petitioner/A-3.
The Criminal Petition is, accordingly, dismissed. However, if the petitioner/A-3 surrenders before the competent Court on or before 7th June, 2021
positively and applies for regular bail, the same shall be considered by the said Court, in accordance with law.
Miscellaneous applications, if any, pending shall stand closed.