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Judgment
This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A2, for grant of bail in Crime No.87 of 2021 of Raghunadhapalem Police Station, Khammam District, registered for the offences punishable under Sections 304-A and 337 of IPC and Section 8(c) r/w 20(b) of Narcotic Drugs Psychotropic Substance (NDPS) Act, 1985.
Heard the learned counsel for the petitioner/A2, the learned Assistant Public Prosecutor representing the respondent-State and perused the record.
Learned counsel for the petitioner/A2 would submit that the petitioner/A2 is innocent and he has nothing to do with the alleged seizure of 200 kgs of ganja said to be transported in the car bearing No.TS 32T 4776 on 28.04.2021. The petitioner/A2 is falsely implicated in the subject crime and ultimately prayed to allow the criminal petition as prayed for.
On the other hand, learned Assistant Public Prosecutor representing the respondent-State would submit that on 28.04.2021, the petitioner/A2 and A1 were found in possession of 200 kgs of ganja while transporting in a car bearing No.TS 32T 4776 and the same was seized under a cover of panchanama at the scene of offence between 14:45 hours and 17:30 hours and ultimately prayed to dismiss the criminal petition.
As seen from the material placed on record, the Panchanama dated 28.04.2021 reveals that 200 kgs of ganja was seized from car bearing No.TS 32T 4776 on 28.04.2021 at 14:45 hours near Shiva Family Dhaba, V.Venkatayapalem Village of Raghunadhapalem Mandal. The ganja seized is more than commercial quantity. In view of the seizure of huge quantity of ganja and also in view of the facts and circumstances of the case, it cannot be held that the petitioner/A2 is not involved in any offence in future. The petitioner/A2 failed to satisfy the twin requirements under Section 37 of NDPS Act to grant bail. There are no justifiable grounds to allow the criminal petition as prayed for.
In the result, the Criminal Petition is dismissed.
Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.