Kimudu Sonnu vs. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN CRIMINAL PETITION NO.2501 OF 2021

ORDER:

This Criminal Petition is filed by the petitioner/ Accused-4 in Crime No. 25 of 2021, dated 22.01.2021 of Rampachodavaram Police Station, East Godavari District, registered for the offence punishable under Sections 8(c) r/w 20(b)(ii)(c) of N.D.P.S.Act, 1985.

2. Heard the learned Counsel appearing for the petitioner and the learned Assistant Public Prosecutor for the Respondent / State.

3. The brief facts of the case are that on 22.01.2021 on receipt of credible information about the illegal transportation of Ganja, the Sub-Inspector of Police, Rampachodavaram along with his staff, after securing the presence of mediators proceeded to Gandhi Nagar Village Centre, SH 41 Road, Rampachodavaram Mandal and while conducting vehicle check at about 4.15 p.m they noticed one Auto bearing Registration No. AP 39 U 0460 coming from Maredumilli towards Rampachodavaram side, they stopped the said Auto, six persons are present in the Auto including the driver, on noticing the police party, the persons in the Auto tried to skulk away from that place, but the police caught hold of them and when questioned they confessed their guilt and thereby the police has seized the Auto with 59 Kgs of Ganja from three while bags i.e 14 Kgs 200 gms from the first bag, 24 Kgs 300 gms from the second bag and 21 Kgs 500 gms from the third bag under the cover of mediators report and registered above crime.

4. The learned counsel for the petitioner states that the petitioner is shown as Accused-4 in the above crime and he has been arrested on 22.01.2021, since then, he has been languishing in jail for the last 98 days, pursuant to remand. The contraband seized is 59 Kgs of Ganja. The allegation is that the petitioner has only accompanied the other accused, but he was nothing to do with the contraband seized. The petitioner is an innocent and he has been falsely implicated in the above crime. The contraband seized is not recovered from the possession of the petitioner.

5. On the other hand, the learned Assistant Public Prosecutor contends that there are six accused involved in the above crime. Accused 4 and 5 were arrested at the scene of offence and they have been sent to remand, whereas, the other Accused Nos. 1, 2, 3 and 6 were absconding, by evading the arrest. Investigation in the above crime is pending and there is a specific allegation that the petitioner was engaged for transportation of Ganja illegally.

6. In view of the above said facts and circumstances, this Criminal Petition is dismissed.

_______________________________ JUSTICE B. KRISHNA MOHAN

Date: 30.04.2021 KK

THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN

CRIMINAL PETITION NO.2501 OF 2021

Date: 30.04.2021

KK