Killi Naidu, v. The State Of A.P.

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10982 OF 2015 ORDER:

This criminal petition under Sections 437 and 439 of the Code of Criminal Procedure is filed by the petitioner/accused seeking bail in crime No.58 of 2015 on the file of the V.Madugula Police Station, Visakhapatnam District, registered for the offence under Section 8(c) read with Section 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).

Heard and perused.

The petitioner was found in illegal possession of 90 kgs of ganja. Learned counsel for the petitioner submits that the petitioner has not committed any offence and he is falsely implicated in the case. He further submits that the earlier bail application filed by the petitioner is dismissed by the Court below. He prays to grant bail to the petitioner/accused.

Considering the fact that the quantity of ganja seized from the accused is commercial quantity, and as there is a bar to grant bail in case of commercial quantity and as there is no change of circumstances, this Court is not inclined to grant bail to the petitioner/accused.

The Criminal Petition is accordingly dismissed. _____________________ JUSTICE RAJA ELANGO 03.11.2015 pln