Shaik Shahid Basha , Basha v. The State Of A.P.,Rep.,Pp

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.4754 of 2016 ORDER:

The petitioner, who is A2, filed the present application under Sections 437 and 439 of the Code of the Criminal Procedure (Cr.P.C.), seeking enlargement on bail in S.C.No.14 of 2016 arising out of Crime No.169 of 2015 of Annavaram Police Station, East Godavari District. A charge sheet came to be filed against the petitioners and others for the offences punishable under Section 8 (c) read with Section 20 (b)(ii)(c) of NDPS Act. The case of the prosecution is that the Inspector of Police, Prathipadu, on receiving credible information about illegal transportation of Ganja on 21.09.2015, he along with mediators proceeded to the outskirts of Annavaram on National Highway and while conducting vehicle check, found 316 Kgs. of Ganja in one Eicher van. Basing on the said seizure, the present case came to be registered.

A perusal of the remand report would show that 316 Kgs. of Ganja is alleged to have been seized from the vehicle in which A1 and A2 were traveling. Further there is enough material on record to show that there is a prima facie case against the accused. Having regard to the fact that the quantity of the contraband seized is commercial and since the allegations in the charge sheet do make out a case against the petitioner, I am not inclined to grant bail to the petitioner.

Accordingly, the Criminal Petition is dismissed.

____________________ C. PRAVEEN KUMAR, J 11.04.2016 vhb