HON'BLE SRI JUSTICE K.SURESH REDDY

CRIMINAL PETITION. NO. 6669 OF 2023

ORDER:-

This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/Accused No.1, seeking regular bail in Crime No.283 of 2023 of Jangareddygudem Police Station, West Godavari District.

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

3. Brief facts of the case are that Accused No.1 used to procure the Ganja from Odisha State and transport the same to the Jangareddygudem. Thereafter, he used to sell the said Ganja to Accused Nos.2 to 9 for their consumption. While so, on 19.07.2023 at about 01.00 p.m., the Sub-Inspector of Police, Jangareddygudem Police Station along with staff and mediators apprehended Accused Nos. 1 to 9 at Pyramid Ramachandrapuram, H/o Jangareddygudem Village and Mandal, who were found in possession of 24.400Kgs of Ganja. After conducting panchanama and after seizing the contraband, the Police arrested all the nine (09) Accused, who were remanded to judicial custody thereafter.

4. The learned counsel for the petitioner contends that the present crime has been registered for statistical purpose and in fact no contraband was seized from their possession. He further contended that the petitioner is running a chicken shop in Jangareddygudem and eking out his livelihood by selling chicken and he was implicated falsely. As such, the learned counsel for the petitioner requested this Court to enlarge the petitioner/A-1 on bail.

5. On the other hand, the learned Assistant Public Prosecutor, on instructions, states that it is the petitioner, who used to procure Ganja from Odisha State and supply the same to Accused Nos.2 to 9. As such, the petitioner is the main Accused and he can be termed as supplier of Ganja. He further contends that the contraband seized from the possession of all the Accused is 24.400Kgs of Ganja and in view of the provision under Section 37 of the Act, the petitioner is not entitled for bail.

6. This Court perused the entire material on record.

7. The contraband seized from all the Accused is 24.400Kgs of Ganja, which is a commercial quantity, and further as the petitioner is the main Accused, who procured the Ganja from Odisha State and supplied the same to Accused Nos.2 to 9, this Court is not inclined to enlarge the petitioner/A-1 on bail at this stage.

8. Accordingly, the Criminal Petition is dismissed.

_____________________ K.SURESH REDDY,J

Date: 19.09.2023 RSI/TSNR

THE HON'BLE SRI JUSTICE K. SURESH REDDY

CRIMINAL PETITION No. 6669 of 2023

Date: 19.09.2023. RSI/TSNR