Thoya Krishna Reddy v. State Of Ap.,

HON'BLE SRI JUS/TICE Dr. B. SIVA SANKARA RAO CRIMINAL PETITION No.3024 of 2018 ORDER:

Heard the learned counsel for the petitioner, who is no other than A2 in Crime No.18 of 2017 of K.D.Peta Police Station and the learned Public Prosecutor representing the State of Andhra Pradesh.

2.

The crime is registered for the offences punishable under Sections 20(b)(ii)(b)(c) and 25 r/ w 8(c) of the Narcotic Drugs and Psychotropic Substance Act, 1985, amended Act 9 of 2001 (for short 'the Act'), based on the so called seizure from the disclosure of conscious possession of the contraband of 240 Kgs of ganja and besides the petitioner, there are other accused. 3.

A perusal of the material on record no way discloses non-application of Section 37 of the Act for not able to show the twin conditions of reasonable grounds to believe that the accused is not likely to be convicted and he is not likely to commit any offence while on bail, which are the conditions cumulative and needless to say, not alternative. 4.

Hence, the Criminal Petition is dismissed without prejudice to the defence. It is needless to say, as per the directions of the Apex Court in Thana Singh v. Central Bureau

of Narcotics1 to speed up the trial of the case by the trial Court.

5.

Consequently, miscellaneous petitions, if any shall stand closed.

___________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 05.06.2018 pab 1 2013(2) DCR Crl. 280 (SC)