Suksen Mandal v. State Of Ap.,

SMT JUSTICE T.RAJANI CRIMINAL PETITON No.2166 OF 2018 ORDER:

This petition is filed, under Sections 437 and 439 of the Criminal Procedure Code, 1973, seeking to enlarge the petitioners, who are A4 and A5, on bail in Crime No.60 of 2017, on the file of Chinturu Police Station, East Godavari District, for the offences punishable under Section 8(c) r/w Section 20(b)(ii)(c) of NDPS Act. 2.

Heard the counsel for the petitioners and the Public Prosecutor appearing for the respondent.

3.

The counsel for the petitioners submits that though A4 can be considered as dealing with the commercial quantity of Ganza, A5 may not be considered as dealing with the same, as according to him, A5 only accompanied the accused. But, a perusal of the remand c.d. shows that A5 also actively participated in the whole transaction of transporting the Ganza, along with the other accused and he is in know of all the facts that have been taking place with regard to transportation of Ganza. 4.

Hence, considering the above, this Court opines that it is not a fit case for grant of bail to the petitioners. 5.

Accordingly, the Criminal Petition is dismissed. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed.

_____________ T.RAJANI, J 05.03.2018 SS