Rathod Suresh v. The State Of A.P Rep By Its P.P

SMT JUSTICE T.RAJANI CRIMINAL PETITON No.259 OF 2018 ORDER:

This petition is filed, under Sections 437 and 439 of the Criminal Procedure Code, 1973, seeking to enlarge the petitioner, who is A1, on bail in Crime No.54 of 2017 on the file of Maredumilli Police Station, East Godavari District. The offences alleged are under Section 8(c) r/w 20(b)(ii)(c) of N.D.P.S.Act.

2.

Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.

3.

The counsel for the petitioner submits that this petitioner is only a driver of the vehicle in which the Ganza was being transported. But the public prosecutor vehemently refutes the said contention by drawing attention of this Court to the confession statement of this petitioner, wherein he stated that he gave Rs.25,000/- for purchase of Ganza, to one Manikyam, which shows that he is actively participating in the Ganza business.

4.

Hence, considering that there are specific allegations against petitioner with regard to his being involved in Ganza business and considering that commercial quantity of Ganza is being transported, this court is not inclined to grant bail,

as the petitioner does come out from the clutches of the Section 37 of NDPS Act 5.

Accordingly, the Criminal Petition is dismissed.

Miscellaneous applications, if any pending, in this case shall stand closed.

_____________ T.RAJANI, J 29.01.2018 SS