Alpesh v. The State Of A.P

SMT. JUSTICE T. RAJANI CRIMINAL PETITION No.1942 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 accused, on bail, in Cr.No.36 of 2017 on the file of the Araku Valley Police Station, Visakhapatnam District. The offence alleged against the petitioner is under Section 8 (c) r/w 20 (b) (ii) of NDPS Act, 1985.

2.

Heard learned counsel for the petitioner/accused, learned Public Prosecutor appearing for the respondent-State.

3.

As per the case of the prosecution, 52 kgs., of Ganja was seized from the possession of the petitioner.

4.

Learned Public Prosecutor brings to the notice of the Court that petition filed earlier was dismissed by virtue of the orders of this Court in Crl.P.No.7582 of 2017.

5.

A perusal of the order passed in the said petition shows that merits of the case were considered and Section 50 of the NDPS Act, 1985 was also discussed by this Court while dismissing the said petition. Hence, this Court is of the view that bail cannot be granted to the petitioners.

6.

Criminal petition is accordingly dismissed.

As a sequel, miscellaneous petitions, if any pending, stand closed. ____________ T. RAJANI, J March 14, 2018 MRR