IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT

WEDNESDAY, THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE K SURESH REDDY

CRIMINAL PETITION NO: 5537 OF 2023

Between:

1. Saravanan Gananpathy, S/o Ganapathy(late) Age.4lyrs, Caste. Vannirs, R/o. D.No.2/ 102, Mottur, Keezh Veeranam Post, Arakonam, Kizvecranam, Vellore,

...PETITIONER/ACCUSED 1

AND

1. The State Of Andhra Pradesh, Rep. By its Public Prosecutor, High Court of A.P. Amaravati, Through Station House Officer, Chinthapalli Police Station, Alluri Sitaramaraju District.

...RESPONDENT

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 enlarge the petitioner on Regular Bail to the petitioner A-1 in connection with Crime No. 23/2023 on the file of Chinthapalli Police Station, Alluri Sitaramraju District, dated 09-05-2023.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BABUJI TENNETI, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent.

The Court made the following:

HON'BLE SRI JUSTICE K. SURESH REDDY CRIMINAL PEirriON No.5537 of 2023

ORDER:

Accused No.1 in Cr.No.23 of 2023 of ChinthapalU Police Station, Alluri Sitaramaraju District, filed the present criminal petition, under Sections 437 and 439 of Cr.P.C., seeking to enlarge him on bail. The above crime was registered against the petitioner and others for the offences punishable under Sections 20(b)(ii){C), 25 read with ⁸ {c} of the Narcotic Drugs and Psychotropic Substances Act, ¹⁹⁸⁵ (for short 'the Act').

2. Facts of the prosecution case in brief are that, on 09.05.2023 at about 05.00 p.m., on credible information about the transportation of ganja, the Sub-Inspector of Police, Chinthapalli PS, along with his staff and mediators, went to Rayamanupakalu junction of Chinthapalli Mandal, where the Sub Inspector of Police apprehended A.1 to A.11, who were found in possession of 57.800 Kgs. of ganja. After conducting panchanama, after seizing the contraband, the Sub Inspector of Police arrested all the eleven accused and they were remanded to judicial custody subsequently.

3. Learned counsel for the petitioner contends that only 57.800 Kgs. of ganja was recovered from all the eleven accused and that the petitioner/A.1 is in judicial custody since 09.05.2023 and as such, he requests this Court to enlarge him on bail.

4. On the other hand, the learned Assistant Public Prosecutor opposed the bail application.

5. This Court perused the entire material on record. As the contraband seized from all the accused is 57.800 Kgs. of ganja, which is a commercial quantity and in view of the bar under the provisions of Section 37 of the Act, this Court is not inclined to enlarge the petitioner/A. ¹ on bail.

6. The criminal petition is dismissed accordingly.

SD/- N. NAGAMMA ASSISTANT REGISTRAR

qx

SECTION OFFICER

//TRUE COPY//

To,

• 1. The Judicial First Class Magistrate, Chinthapalli.
• 2. The Metropolitan Sessions Judge-cum-l Additional District and Sessions Judge-Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam.
• 3. The Station House Officer, Chinthapalli Police Station, Sitaramaraju District.
• 4. One CC to Sri. Babuji Tenneti Advocate [OPUC]
• 5. Two CCs to the Public Prosecutor. High Court of Andhra Pradesh at Amaravathi,[OUT].
• 6. Three CD Copies

AL

HIGH COURT

DATED:09/08/2023

ORDER

$\mathcal{M}^{\mathcal{A}}$

CRLP.No.5537 of 2023

$\mathcal{L}^{\mathcal{A}}$

CRIMINAL PETITION IS DISMISSED