Jajimoggala Apparao v. The State Of Ap.,

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.5997 of 2018 ORDER :

This criminal petition filed under Sections 437 and 439 Cr.P.C. by the petitioners/A.1 and A.2 in Crime No.20 of 2017 of Cheedikada Police Station, registered for the offence punishable under Sections 20(b)1 (ii)(c) and 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act'). 2.

Heard learned counsel for the petitioners and learned Public Prosecutor, representing the State, and perused the material on record. 3.

The petitioners are A.1 and A.2. The learned Special Judge i.e., Metropolitan Sessions Judge-cum-Special Judge for trail of offences under NDPS Act at Visakhapatnam, allotted the Sessions Case No.552 of 2017, within whose jurisdiction the occurrence taken place. The contraband is of commercial quantity. From perusal of the bail application averments, F.I.R. and charge sheet, there is nothing to show that the limitation provided under Section 37 of the NDPS Act no way applicable to the case of the petitioners for entitlement to the concession of bail, in the absence of which even investigation completed or they are in judicial custody since 19.04.2017 is not at all a ground to grant the 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 six 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 21st June 2018.

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