M Krishna vs. The State Of Ap
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Lalitha Kanneganti
Listed On:
3 Jul 2020
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Order Text
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
Criminal Petition No. 2306 of 2020
O R D E R:-
This Criminal Petition is filed under Sections 437 and 439 Cr.P.C. by the petitioners – A1, A3 and A4 seeking to grant bail in connection with Crime No.54 of 2019 on the file of Ananthagiri Police Station, for the offence punishable under Section 8(c) read with 20(b)(ii)(c) and Section 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "N.D.P.S. Act").
Heard Sri Medisi Ratna Rao, learned counsel for the petitioners and the learned Public Prosecutor appearing on behalf of the respondent-State.
The case of the prosecution is that on 29.09.2019 at about 10:00 hours, on credible information, the police of Ananthagiri Police Station along with staff, while checking vehicles at Santhabayalu main road, Ananthagiri, they found two vehicles carrying ganja weighing about 257 kgs., seized the contraband, cash of Rs.3630/-, four mobile phones and also one Swift VDI car and they are identified as A1 to A5.
The learned counsel for the petitioners submits that the petitioners were arrested on 29.09.2019 for the commission of the alleged offences and their application seeking bail was dismissed by the trial Court and still they are in judicial custody.
The learned Public Prosecutor submits that already charge sheet has been filed and this fact is not disputed by the learned counsel for the petitioners.
In view of the clear bar under Section 37 (1) (b) of NDPS Act that no person accused of an offences punishable under section 19 or section 24 or section 27A and also for offences involving commercial quantity shall be released on bail or on his own bond. Since the contraband i.e. 257 KGs of ganja seized from the petitioner being commercial quantity attracting the bar under Section 37 of NDPS Act, this Court is of the considered opinion that this is not a fit case for granting regular bail.
Accordingly, the Criminal Petition is dismissed.
As a sequel, Miscellaneous Petitions, if any pending, shall stand closed.
____________________
LALITHA KANNEGANTI, J
03.07.2020
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