Ponnayyan Ganesan v. The State Of Andhra Pradesh

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.8085 of 2018 ORDER :

This criminal petition filed under Sections 437 and 439 Cr.P.C. by the petitioner/accused in Crime No.143 of 2016 of Thondangi Police Station, East Godavari District, registered for the offence under Section 8(c) r/w Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substance Act, 1985, amended Act 9 of 2001 (for short 'the Act').

2.

Heard learned counsel for the petitioner and learned Public Prosecutor representing the State and perused the entire material on record.

3.

The above case was registered based on the so called seizure from the disclosure of conscious possession of ganja of 72 Kgs. in seven bags. Earlier the petitioner went unsuccessful in Crl.M.P.No.1871 of 2016 before the learned I Additional Sessions Judge, East Godavari at Rajamahendravaram, vide dismissal order, dated 10.01.2017.

4.

A perusal of the material on record no way discloses non-application of Section 37 of the Act for not able to show the twin conditions of reasonable grounds to believe that the accused is not likely to be convicted and he is not likely to commit any offence while on bail, which are the conditions cumulative and needless to say, not alternative.

5.

Accordingly, the criminal petition is dismissed without prejudice to defence. Need less to say, the learned Sessions Judge shall make every endeavour for early disposal, preferably within three

(3) 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 8th August 2018.

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