Kothapalli Hari Krishna v. The State Of A.P

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.5653 of 2018 ORDER :

This criminal petition filed under Sections 437 and 439 Cr.P.C. by the petitioner/A.5 in Crime No.35 of 2017 of Rajanagaram Police Station, registered for the offences punishable under Section 8(c) read with 20 (b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner is A.5 among five accused and he was arrested and he is in judicial since 24.02.2017 and the police filed the final report.

2.

Heard learned counsel for the petitioner and learned Public Prosecutor, representing the State, and perused the bail application averments and the charge sheet filed by the police after investigation and earlier the petitioner went unsuccessful in Crl.M.P.No.351 of 2017 before the learned I Additional Sessions Judge, East Godavari at Rajamahendravaram, vide dismissal order, dated 21.03.2017 and before another bench of this Court in Crl.P.No.2901 of 2017, dated 13.04.2017.

3.

In fact, the limitations from the involvement of the commercial quantity of 1258 kgs. even from the case of the prosecution shown the petitioner is one of those persons piloting the vehicle containing the contraband with conscious knowledge, for nothing to show that the case may not end in conviction with all reasonable probability from the prosecution material as a pre-requisite to the entitlement of bail,

leave about the other condition of may not likely to commit any other offence. Thereby, as concluded in the earlier expressions supra, the petitioner is not entitled to the concession of bail. 4.

Accordingly, the criminal petition is dismissed. Need less to say, the learned Sessions Judge shall make every endeavour for early disposal, preferably within five months from the date of receipt of a copy of this order, as per the directions of the Apex Court in Thana Singh v. Central Bureau of Narcotics1.

Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 12th June 2018.

mar 1 2013 (2) DCR Crl.280 (SC)