Boina.Prasad v. State Of Ap.,

SMT. JUSTI CE T.RAJANI CRI MI NAL PETI TI ON No. 1 7 5 6 OF 2 0 1 8 ORDER:

This petition is filed, under Section 438 of the Code of Criminal Procedure, 1973, seeking for grant of anticipatory bail to the petitioners-accused Nos. 2 and 3 in File No. 322 of 2017 of Prohibition and Excise Station, Paderu, Visakhapatnam, registered for the offence punishable under Section 20 (b) (ii) (c) read with Section 8 (c) of NDPS Act (for short, 'the Act'). 2.

Heard learned counsel for the petitioners and learned Public Prosecutor (A.P.).

3.

The case of the prosecution is that Ganja was seized from the house of accused No. 1 and later, the police raided the houses of the petitioners also and found Ganja which is beyond commercial quantity. Hence, Section 37 of the Act does not permit the Court to grant bail to the petitioners. 4.

Considering the above, this Court opines that it is not a fit case to grant anticipatory bail to the petitioners. 5.

The criminal petition is accordingly dismissed. Pending miscellaneous petitions if any shall stand dismissed in consequence.

_ _ _ _ _ _ _ _ _ _ T. RAJANI , J 12-03-2018.

JSK