M.Venkat Rao v. State Of Ap.,

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.2824 of 2018 ORDER:

This criminal petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed to enlarge the petitioner/A.1 on bail in F.No.DRI/HZU/VRU/48/ENQ-02(INT-02) 2017 pending on the file of I Additional Sessions Judge-cumDesignated Court for the Trial of Cases under NDPS Act, Visakhapatnam, registered for the offences punishable under Sections 20, 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'), as he is in judicial custody since 07.07.2017.

It is the case of the prosecution that on the basis of confession made by A.2, who was found transporting ganja of 2,629 kgs., concealing in a plastic bag and kept in the lorry over which chips load was laid. The said lorry was intercepted and the ganja was seized by the officials, later the petitioner was examined and recorded his confessional statement. On the strength of the same, the police completed investigation and filed charge sheet. During hearing, Sri Duvvuri Suryanarayana, learned counsel for the petitioner, raised several contentions with reference to Sections 41, 42, 37 and 57 of the Act and thereafter, the counsel appearing for the respondent requested this Court to direct the Presiding Officer to dispose of the Sessions case within six months. The counsel for the respondent conceded the request of the petitioner. In view of the concession of both the counsel, the I Additional Sessions Judge-cum-Designated Court for the Trial of Cases under NDPS Act, Visakhapatnam, is directed to complete the trial in S.C.

MSM, J CRLP_2824_2018 - 2 - No.48 of 2018 and dispose of the same within six months from the date of receipt of a copy of this order, without touching the merits of the application filed by the petitioner, by this court. With the above, the criminal petition is disposed of. __________________________________ M.SATYANARAYANA MURTHY, J 20.03.2018 BV