Vithanala Ramana v. The Station House Officer,
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12172 of 2015 ORDER:
This Criminal Petition is filed by the petitioners-Accused Nos.5 & 6 under Section 438 Cr.P.C. seeking to grant anticipatory bail to him in Crime No.95 of 2015 on the file of Kasimkota Police Station, Visakhapatnam District, registered for the offence punishable under Section 20(b) of the NDPS Act. Heard and perused the material available on record. It is alleged that on 24.6.2015 at about 6 p.m., while A2 to A4 were going in a vehicle from Anakapalli towards Tuni, they were caught hold at AS Peta Junction, Kasimkota by the officials and they were found in possession 55 bags of ganja weighing about 1980 kgs. On enquiry, A2 to A4 confessed that they are transporting the same on the directions of A4 to A6.
According to the remand report, A2 stated in the presence of mediators that he used to purchase ganja from some known agency people at Visakhapatnam agency areas and he is earning money by selling Ganja at Hyderabad areas. While so, A1-P. Srinivasa Reddy met him at Korukonda area of VSP District and asked him that if he purchases ganja from Korukonda agency area and transport ganja to Hyderabad, he will pay Rs.3,000/- per one Kg ganja and he also promised to give money as advance to him. Accordingly, about 15 days back, A1 asked him to come to outskirts of Tuni village of East Godavari District and he went there and met A1. There A1 gave Rs.3,00,000/- to him and asked him to go to Korukonda area for purchasing ganja. On that, he went to Gabbada village of Narsipatnam Mandal and engaged A4 as spare driver to van for Rs.
10,000/- and he also engaged A5 and A6 for loading of ganja in van and also for accompanying with him in that van, for Rs.10,000/- each. They agreed to do so. Later, he went to Korukonda of VSP agency area and met K. Kondababu and engaged Konda's Eicher van for transporting ganja from Korukonda area to Hyderabad. The said Kondababu agreed to transport ganja in his van. On 20.6.2015 he along with A5 and A6 went to Korukonda and Oddisha agency area and purchased ganja for Rs.1,000/-per kg., on 23.6.
the bags in bushes. He further corroborated the confession of Kallampudi Kondababu in all aspects.
Considering the above facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, the Criminal Petition is dismissed. _____________________ JUSTICE RAJA ELANGO Dated: 27.11.2015 Nn
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12172 of 2015 27.11.2015
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