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Judgment
Cheekati Manavendranath Roy, J
This criminal petition is filed under Section 439 of the Code of Criminal Procedure, 1973, to enlarge the petitioner on bail.
The petitioner is A-2 in Crime No.235 of 2021 of Annavaram Police Station, East Godavari District.
A case under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS’ Act) was registered against him in the above crime.
Briefly stated, it is the case of the prosecution that A-1 and A-2 got acquaintance with each other at their previous work place. They have purchased about 810 KGs of ganja from unknown persons, they transported the said ganja in a goods carriage vehicle bearing No.AP 30 TA 3831, brought the same to Kothangi Village and dumped the same at that place to transport the said ganja to other States. At that time, the police apprehended the petitioner herein. A-1 ran away and escaped from the scene of offence. The police seized the said contraband. Therefore, it is stated that the petitioner has committed the aforesaid offence in the above crime.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The contraband that is involved in this case is huge quantity of 810 KGs of ganja which is a commercial quantity.
Therefore, the bar under Section 37 of the NDPS Act applies to the present facts of the case. Absolutely, there is nothing to indicate on record that the petitioner is not guilty of committing the said offence. On the other hand, as the petitioner was apprehended by police while he was in illegal possession of 810 KGs of ganja, the accusation made against him is prima facie well founded. Further, investigation in this case is still pending. Therefore, the petitioner is not entitled to bail at this stage.
Resultantly, the Criminal Petition is dismissed.