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Judgment
Cheekati Manavendranath Roy, J
This criminal petition under Section 439 of the Code of Criminal Procedure, 1973 is filed to enlarge the petitioners on bail.
The petitioners are A-3 and A-4 in Crime No.469 of 2021 of Mangalagiri Rural Police Station, Guntur District.
A case under Section 8(c) read with Sections 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS’ Act) was registered against the petitioners along with other accused in the above crime.
Briefly stated, it is the case of the prosecution that when the petitioners were transporting 120 KGs of ganja in Mahindra Bolero vehicle that they were apprehended by police and the contraband was seized from their possession. It is disclosed by them that at the instance of A-1 and A-2 that they have been transporting the said ganja in the said vehicle. Therefore, it is stated that the petitioners have committed the aforesaid offence along with other accused.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The contraband involved in this case is 120 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. There is nothing on record to indicate that the petitioners are not guilty of committing the said offence. On the other hand, as the petitioners were apprehended by police while they were transporting the said ganja, the accusation made against them is prima facie well founded. Investigation in this case is still pending. Even though, 180 days period of time has been completed, on a petition filed by prosecution, the time for completion of investigation was extended by the trial Court by another 180 days. Therefore, the petitioners are not entitled to bail at this stage.
Resultantly, the Criminal Petition is dismissed.