Pangi Manikyam v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION No.6008 of 2017 ORDER:

This petition is filed by the petitioner/A3 under Sections 437 and 439 of Cr.P.C. seeking regular bail in Cr.No.40 of 2017 of Chintoor Police Station, East Godavari District, registered for the offences punishable under Section 8 © read with 20 (b) (ii) (C) of the NDPS Act.

The prosecution case is that the Inspector of Police, Chintoor Circle, on credible information about illegal transportation of ganja, sent requisition to SDPO, Chintoor and obtained permission and conducted raid on 5-5-2017 and during the vehicle check, intercepted one lorry bearing No.AP 07 T 9738 coming from Lakkavaram side and A.1 to A.6 were transporting 400 kgs of ganja. He seized contraband as per procedure and arrested the accused and investigation is reported to be pending.

Denying the allegations, bail is sought for mainly on the submission that the petitioner has been in judicial custody since 5-5-2017.

Learned Additional Public Prosecutor submitted that investigation is still pending and charge sheet is yet to be filed. Having regard to the gravity of the charge and as commercial quantity of ganja was seized from the accused, as the investigation is pending and Section 37 of NDPS Act poses an interdict for

considering the request of the petitioner, this Criminal Petition is dismissed.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

_____________________ U.DURGA PRASAD RAO,J Dated 26-7-2017 Dvs

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION No.6008 of 2017 Dated 26-7-2017 Dvs