Shaik Ashlam Basha v. State Of Ap.,

SMT. JUSTICE T. RAJANI CRIMINAL PETITION No.2430 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 No.1, on bail, in Cr.No.156 of 2017 on the file of Anakapalli Prohibition & Excise 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 No.1, learned Public Prosecutor appearing for the respondent-State. 3.

Case of the prosecution is that 130 kgs. of Ganja is seized from three accused. Hence, even if the quantity is divided among them, it falls far beyond the commercial quantity and Section 37 of the NDPS Act, 1985 does not permit this Court to grant bail. Hence, this Court is of the view that bail cannot be granted to the petitioner. 4.

Criminal petition is accordingly dismissed.

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