Dummari Shyam Kumar , Shyam v. The State Of A.P

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.1744 of 2016 ORDER:

The petitioner, who is A1 in Crime No.491 of 2015 of Pendurthy Police Station, Visakhapatnam District, filed the present application under Sections 437 and 439 of the Code of the Criminal Procedure (Cr.P.C.), seeking enlargement on bail in connection with the above crime registered for the offences punishable under Sections 25, 27 and 20 (b) of N.D.P.S Act.

The case of the prosecution is as under:

On 11.12.2015 at 12.30 p.m., on receiving credible information, the Inspector of Police along with his staff proceeded to Simhapuri lay out main road and while conducting vehicle check, suspected two persons on bikes with gunny bags. On interrogation, the petitioner is alleged to have confessed his identity and stated that he is carrying a bag containing 15 packets of ganja in the form of leaves and flowers which was seized by the police. Basing on the said confession, ganja weighing about 67.5 Kgs., was seized by the police. Heard learned counsel for the petitioner and the learned public prosecutor appearing for the respondent-State. A perusal of the material on record would show that the petitioner along with another were in possession of 67.5 Kgs. of ganja, which is a commercial quantity. Hence, I am not inclined to grant bail to the petitioner.

Accordingly, the Criminal Petition is dismissed.

_________________________ JUSTICE C. PRAVEEN KUMAR 18.02.2016 vhb