Mandala Prakash , Nattu , Prakash Mandal v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.15763 of 2016 ORDER:

The petitioner who is A6 filed the present application under Sections 437 and 439 of the Code of the Criminal Procedure (Cr.P.C.), seeking enlargement on bail in Crime No.18 of 2016 of Mothugudem Police Station, East Godavari District, registered for an offence punishable under Section 8 (c) read with Section 20(b)(ii)(c) of NDPS Act. The petitioner was arrested on 23.05.2016 and since then he is in jail. The case of the prosecution is that on 23.05.2016 at about 03.00 p.m., on receipt of credible information about illegal transportation of ganja, the informant along with his staff and mediators proceeded towards a DCM van parked in the road side near Power Canal Bridge in between Forebay to Intluru Villages. On seeing the police, three persons present in the van tried to escape, but, however, police chased and apprehended them.

On questioning about their details, the accused are alleged to have confessed about being in possession of ganja. After complying with the mandatory requirements under the provisions of NDPS Act, a search was conducted and the police officials seized 360 Kgs. of ganja kept in 12 gunny bags from the vehicle. Basing on the search and seizure, the above crime came to be registered.

Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent-State and perused the records. Learned counsel for the petitioner submits that entire investigation is over and charge sheet is filed.

But, however, it is to be noted that the quantity of ganja seized is commercial quantity. Hence, I am not inclined to grant bail to the petitioner. However, the trial Court is directed to dispose of the case as early as possible, preferably within a period of three months. Accordingly, the criminal petition is disposed of. _________________________ JUSTICE C. PRAVEEN KUMAR 06.03.2017 vhb