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High Court for State of TelanganaCRLP/7540/2016dismissed

Mulagapati Surapa Raju, v. State Of Andhra Pradesh,

2016-06-10Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7540 of 2016 ORDER:

This criminal petition is filed by the petitioner/A-3 under Section 438 of Criminal Procedure Code seeking to grant bail in Crime No.29 of 2016 on the file of Ibrahimpatnam Police Station, Vijayawada, Krishna District, for the offences under Section 8C read with 20(b)(ii)(c) of NDPS Act.

Heard and perused the material available on record. The case of the prosecution is that on receipt of information, the Sub-Inspector of Police, Ibrahimpatnam along with mediators visited the workshop of the petitioner and noticed one lorry bearing No.AP 16 TW 1247 covered with violet colour turban in an open place at Hyderabad Engineering Workshop. When questioned about parking of the said lorry, the Supervisor held that on the instructions of the petitioner only, the lorry was allowed into the workshop premises. When they searched the lorry, the Investigating Agency found 3000 kgs of Ganja in the said lorry.

Learned counsel for the petitioner submitted that the offence alleged against the petitioner is false and that the petitioner is not aware about the contents in the lorry.

Learned Public Prosecutor opposed the same contending that earlier bail application was dismissed by this Court on 23.03.2016 in which this Court directed the petitioner to surrender before the concerned Court and to move an application for regular bail. Considering the above facts and circumstances of the case and in view of the earlier order, this Court is of the view that the present petition is not maintainable and the petition is liable to be dismissed. Accordingly, the Criminal Petition is dismissed. ___________________ RAJA ELANGO, J

Date: 10th June, 2016.

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