Polavarapu Govind, v. The State Of Andhra Pradesh,
HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.6946 of 2018 ORDER :
The petitioner, who is A5 in F.No.DRI/ HZU/ VJRU/ 48/ ENQ01(INT-NIL)/ 2018 on the file of the Directorate of Revenue Intelligence, Regional Unit, Vijayawada, Andhra Pradesh, filed the present application under Sections 437 and 439 Cr.P.C. seeking enlargement on bail in the above crime, registered for the offences punishable under Sections 20, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). 2.
Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State and perused the bail application averments, panchanama and the earlier dismissal order.
3.
The sum and substance of the accusation is that the contraband of 594.62 kgs. of ganja in 280 packets kept in secret in the chamber of the cargo vehicle of Eicher bearing registration No.AP 28X 3569 driven by A6-Bobbili Balaji and A7- Vollu Srinu was also by the side of the driver and the vehicle is to take the contraband to Nizamabad.
On suspicion, from reliable information, when intercepted and questioned, from the disclosure leading to seizure of the contraband and it is preceded by private escort party in Swift Dezire bearing registration No.AP 29 AL 2592 that was also intercepted and when questioned, they disclosed about their escorting the cargo vehicle.
4.
The contention of the learned counsel for the petitioner/ A5, who went unsuccessful before the learned Sessions Judge in Crl.MP.No.100 of 2018 vide dismissal order dated 20.02.2018 from
his say that he is innocent and falsely implicated in the case and in judicial custody since 7/ 8.01.2018.
5.
The learned Public Prosecutor opposed the bail application. 6.
A perusal of the material on record no way entitles the petitioner to the concession of bail, for, nothing to show the twin requirements cumulative of Section 37 of the Act no way attract the case on hand. The investigating officer must submit the charge sheet at any cost within one month from today by completion of investigation, so that the petitioner and other accused can ask for early trial of the case. It is no way bar to the petitioner to move bail from any changed circumstances to decide on own merits. 7.
Accordingly, the Criminal Petition is disposed of. 8.
Consequently, miscellaneous petitions, if any shall stand closed.
_________________________ Dr. B. SIVA SANKARA RAO, J Date: 12-07-2018 pab