Killo Prasad vs. The State Of Andhra Pradesh

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble K Suresh Reddy
Case Status:Dismissed
Order Date:20 Jul 2023
CNR:APHC010318132023

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble K Suresh Reddy

Listed On:

20 Jul 2023

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAY

THURSDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND TWENTY THREE

PRESENT HONOURABLE SRI JUSTICE K SURESH REDDY

CRIMINAL PETITION No. 4500 of 2023

Between:

Killo Prasad Rao, S/o Addu, age 40 years, Valmiki by caste, R/o. D.No.46-46, Barada, Makavaram Post, Munchingput Mandal, ASR District.

...Petitioner/A-1

AND

The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

...Respondent/Complainant

Petition under Section 437 and 439 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to consider the same and release the Petitioner/A-1 on bail in Cr.No.26/2023 of Maharanipeta Police Station, Visakhapatnam District.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Gollapalli Maheswara Rao, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.

The Court made the following:

HON'BLE SRI JUSTICE K.SURESH REDDY CRIMINAL PETITION. NO.4500 OF 2023

ORDER:-

This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/A-1, seeking regular bail in Crime No.26 of 2023 of Maharanipeta Police Station, Visakhapatnam District.

  1. The above Crime was registered against the petitioner herein and others for the offence punishable under Section 20(b)(ii)(C) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `the NDPS Act').

3 Brief facts of the case are that on 10.04.2023, on receipt of the credible information, the Sub-Inspector of Police, Maharanipeta Police Station along with staff and mediators apprehended Accused Nos.1 to 4, who were found in possession of 22.00Kgs of Ganja. After conducting panchanama, the Police arrested all the four Accused, who were remanded to judicial custody.

$4.$ The learned counsel for the petitioner contends that the contraband seized from the possession of all the four Accused is 22.00Kgs of Ganja and further they are in judicial custody since 10.04.2023. Therefore, the learned counsel for the petitioner requested this Court to enlarge the petitioner/ $A-1$ on bail.

$\overline{2}$

  1. On the other hand, the learned Special Assistant Public Prosecutor, on instructions, states that the petitioner/A-1 was involved in similar crimes previously apart from IPC offences. As such, he requested this Court to dismiss the present bail application.

  2. This Court perused the entire material on record.

  3. Though the contraband seized from the possession of all the four Accused is 22.00Kgs of Ganja, but in view of his involvement in similar cases previously, this Court is not inclined to enlarge the petitioner/A-1 on bail at this stage.

Accordingly, the Criminal Petition is dismissed. 8.

S/d- T. MADHAVI ASSISTANT REGISTRAR

IITRUE COPYII

WSECTION OFFICER

To

    1. The II Additional Chief Metropolitan Magistrate, Visakhapatnam, Visakhapatnam District.
  • The Metropolitan Sessions Judge-cum-I Additional District and Sessions<br>Judge Special Judge for Trial of Offences under NDPS Act,<br>Visakhapatnam, Visakhapatnam District.
    1. The Superintendent, Central Prison, Visakhapatnam, Visakhapatnam District.
    1. The Station House Officer, Maharanipeta Police Station, Visakhapatnam District.
    1. One CC to Sri. Gollapalli Maheswara Rao, Advocate [OPUC]
    1. Two CCs to The Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT]
    1. Three CD Copies

a manifestra

pvd

HIGH COURT

DATED: 20/07/2023

ORDER

CRLP.No.4500 of 2023

$10 - 6$ $\mathbb{D}_{\mathbb{Z}}^{\mathbb{C} \mathbb{R}}$ $2+10/3$

DISMISSING THE CRIMINAL PETITION