Gonumadathala Kuppayya v. The State Of Ap.

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10864 of 2015 ORDER:

This petition is filed by the petitioner - accused No.2 under Sections 437 & 439 Cr.P.C. seeking to grant bail in NDPS SC No.106 of 2015 on the file of IAdditional Sessions Judge cum Special Court for NDPS, Rajahmundry, East Godavari District for the offences punishable under Sections 8 (c) r/w.20(b)(i)(C) of NDPS Act.

Heard and perused the material available on record. The allegation against the petitioner is that he and another accused were found in possession of 128 kgs., of ganja.

Learned counsel for the petitioner submitted that the petitioner was not arrested at the place of occurrence and he was arrested after two month after the date of occurrence.

Learned Public Prosecutor submitted that when the police were conducting vehicle checking, on seeing the police, the petitioner ran away from the car and the other accused was apprehended and on the basis of the information given by the other accused, the petitioner was arrested.

Considering the above facts and circumstances of the case and since the ganja seized is more than commercial quantity, this Court is not inclined to grant bail to the petitioner at this stage.

Hence, the Criminal Petition is dismissed.

______________ RAJA ELANGO, J October 26, 2015.

KTL