Mahaboob Pasha v. The State Of A.P

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.3933 OF 2017 ORDER:

The petitioner, who is arraigned as accused No.3, in Crime No.125 of 2017 of Jammalamadugu (Urban), YSR District, State of Andhra Pradesh, requests for grant of anticipatory bail under Section 438 of the Criminal Procedure Code, 1973 (for short, 'the Code'). 2.

The petitioner/A3 is alleged to have committed the offences punishable under Sections 8(c) r/w 20 (b) (ii) (B), 28, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 9 (1) of A.P. Gaming Act.

3.

Heard M. Jayaram Reddy, the learned counsel for the petitioner, and the learned Assistant Public Prosecutor for the State of Andhra Pradesh.

4.

The learned counsel has tendered elaborate arguments. But, it is not a case where an embargo inlaid by the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 can be breached by acceding to such a request of granting anticipatory bail. At last, he urges to permit the petitioner to surrender himself before the Court concerned to move regular bail application and to direct the learned Special Judge to dispose of the application in accordance with law on the same day or on the next day. His request appears to be reasonable.

5.

Hence, while dismissing the present petition, the petitioner herein is directed to surrender himself before the Court concerned and to move regular bail application. In case, he makes such an application for regular bail, the learned Special Judge is directed to dispose of his bail application in accordance with law either on the same day or on the next day.

6.

Accordingly, the present Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions if any pending in the Criminal Petition shall stand closed.

________________________ A.SHANKAR NARAYANA Dt.12.07.2017 gbs