Anil Babruwan Kale v. Union Of India
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No. 8159 of 2021 O R D E R:
This Criminal Petition under Sections 437 and 439 Cr.P.C. is filed by petitioner - Accused No.2 in NCB F.No. 48/1/4/2021/NCB/SUB-ZONE/HYD registered for the offence punishable under Section 8(c) read with Section 20(b)(ii)(C), 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, seeking bail.
2.
The case of prosecution is that on 31.03.2021 at around 10.00 hours, on receipt of credible information of illegal transportation of dry ganja, NCB officials intercepted Mahindra Bolero Pick Up vehicle bearing Registration No. MH 46 AF 6325 near Pedda Amberpet Toll Plaza on Nehru Outer Ring Road, and found 332 kgs. of ganja in 14 plastic gunny bags and seized the same.
3.
Learned counsel for petitioner Sri Palle Sriharinath submits that petitioner was arrayed as Accused No.2 in this crime. He submits that petitioner is arrested and remanded to judicial custody on 31.03.2021 and he has been languishing in jail from the last 185 days, hence, his case may be considered for grant of bail.
4.
On the other hand, learned Assistant Public Prosecutor submits that entire investigation is completed and charge sheet is filed within 180 days. However, he submits that contraband of 332 kgs. is seized in this crime and in view of the
bar under Section 37 of the NDPS Act, petitioner is not entitled for bail.
5.
Taking into consideration the fact that in this crime, huge contraband of 300 kgs. is seized which is commercial quantity and further petitioner could not make out any legal grounds for grant of bail, in view of bar under Section 37 of NDPS Act, this Court is not inclined to grant bail to him. 6.
The Criminal Petition is therefore, dismissed. However, as it is submitted that entire investigation is completed and charge sheet is filed on 25.09.2021, the trial Court is directed to complete the trial as expeditiously as possible.
___________________________ LALITHA KANNEGANTI, J 13th December 2021 ksld