Bhutan Srinivas v. The State Of A.P

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.1596 of 2017 ORDER:

The petitioner, who is accused No.1, filed the present application under Sections 437 and 439 of the Code of the Criminal Procedure (Cr.P.C.), seeking enlargement on bail in NDPS SC No.118 of 2016 on the file of I Additional Sessions Judge, East Godavari at Rajahmundry, for the offence punishable under Section 8(c) r/w.20 (b)(ii) & (C) of NDPS Act. The case of the prosecution is that on 14.02.2016 at about 2.20 p.m. when the Prohibition & Excise Inspector along with staff was conducting route watch near Prathipadu Village, near Deepthi Servicing Centre, on Visakhapatnam to Vijayawada Natinal High Way, he found TATA Indigo Manza Car bearing No.AP20 AG 1215 coming from Tuni side. Police intercepted the vehicle and found two persons in the said vehicle. Out of said two persons, one person ran away from the place.

However, the Police apprehended another person. On search of the vehicle, Police found three myca bags and three polythene bags containing 60 kgs. of ganja in total. Thereafter, samples were lifted and contraband was seized as per the procedure prescribed under NDPS Act. Basing on these allegations, a case in crime No.824/2015-16 came to be registered and after completion of entire investigation, charge sheet came to be filed against A.1 and A.2, which is numbered as NDPS SC No.118 of 2016.

Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent-State. Learned counsel for the petitioner mainly submits that even accepting the allegations made in the charge sheet to be true, no offence is made out against the present petitioner. According to her, the petitioner is only a driver of the vehicle and that he is not aware about transportation of ganja in the dickey of the crime vehicle. The same is opposed by the learned Additional Public Prosecutor contending that as the quantity of ganja seized from the vehicle is more than commercial quantity, the request of the petitioner cannot be considered.

A perusal of the averments made in the charge sheet would show that the when the petitioner along with another accused was proceeding in the vehicle, the same was intercepted by the Police. On search, Police found 60 kgs. of ganja kept in the dickey of the vehicle. It is to be noted that another person traveling in the vehicle along with the petitioner absconded from the place of occurrence and the petitioner is also alleged to have confessed commission of offence.

The issue as to 'whether the petitioner is aware about availability of ganja in the dickey of the vehicle?' is a matter to be decided after due trial. Having regard to these circumstances, I am not inclined to consider the request of the petitioner for grant of bail. However, as the petitioner is in jail since 14.02.2016, the trial Court is directed to spilt up the case against this petitioner and conclude the trial, as early as possible, preferably within a

period of three months from the date of receipt of a copy of this order.

Accordingly, this Criminal Petition is disposed of. _______________________________ JUSTICE C. PRAVEEN KUMAR 06.03.2017 sur