Uppalapati Venkatesh v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION No.4634 of 2017 ORDER:

This Criminal Petition is filed by the petitioner-accused seeking to grant bail to him in Crime No.2 of 2014 of Chitnoor Police Station, East Godavari District, registered for the offences under Section 8( c) read with 20 (b) (ii) of N.D.P.S. Act, 1985. The prosecution case is that on 16-1-2014, the Inspector of Police, along with his staff performed petrolling of the vehicles at Tulugonda and while proceeding from Mothgudem, the police party found one car coming in rash manner towards Chinthuru from Mothugudem, the police stopped the vehicle and on checking them found the accused transporting 10 K.Gs. of Ganja. The police seized the contraband and also car bearing No.AP28 CE 3003 and registered the crime.

It appears that the petitioner/A.1 was on bail and while he was on bail, he was produced in other crime before other courts and therefore, the court below issued P.T. Warrant to produce him in N.D.P.S. S.C.No.64 of 2015 pending on the file of I Additional District and Sessions Judge, Rajamahendravaram, East Godavari District. It would appear that the petitioner was involved in crime No.101 of 2016 for similar offences. He filed Crl.P.M.P.No.262 of before I Additional District and Sessions Judge, Rajamahendravaram, East Godavari District for bail and the same was dismissed on 1-3-2017 observing that once the petitioner

UDPR,J Crl.P.No.4634 of 2017 jumped out of the bail and once he remained absent for length of period and got filed a petition to condone his absence with false reasons and in those circumstances, if bail was granted to him, there was no likelihood of securing his presence in future. Hence, this application was filed.

Taking into consideration that the petitioner was absent continuously before the lower court and that he was involved in another crime No.101 of 2016, there is no guarantee for his attendance in N.D.P.S. S.C.No.64 of 2015 if bail is granted to him. In the circumstances, this Criminal Petition is dismissed. Trial Court is directed to dispose of N.D.P.S. S.C.No.64 of 2015 expeditiously.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

_____________________ U.DURGA PRASAD RAO,J Dated 29-6-2017.

Dvs

UDPR,J Crl.P.No.4634 of 2017 THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION No.4634 of 2017 Dated 29-6-2017