Illapu Raju v. State Of Ap.,

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

This petition is filed, under Sections 437 and 439 of the Criminal Procedure Code, 1973, seeking for grant of bail to the petitioner-accused No. 2 in Crime No. 156 of 2017 of Prohibition and Excise Station, Anakapalli, Visakhapatnam District, registered for the offence punishable under Section 20 (b) (ii) (C) read with Section 8 (c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act').

2.

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

3.

As per the case of the prosecution, 90 kilograms of Ganja was involved in this case and there are three accused. Even if the said quantity is divided among the accused, it falls beyond the commercial quantity. Hence, Section 37 of the Act does not permit the Court to grant bail to the petitioner. Considering the above, this Court is not inclined to grant bail to the petitioner. 4.

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

_ _ _ _ _ _ _ _ _ _ T. RAJANI , J 15-03-2018.

JSK