Chinta Srinivasa Reddy v. The State Of Ap,

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.10522 of 2018 ORDER :

This criminal petition filed under Sections 437 and 439 Cr.P.C. by the petitioner/accused in Crime No.15 of 2018 of Railway Police Station, Vizianagaram District, registered for the offence under Section 8(c) r/w Section 20(b)(ii)(a) of the Narcotic Drugs and Psychotropic Substance Act, 1985, (for short 'the Act'). 2.

Heard learned counsel for the petitioner and learned Special Assistant 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 22.7 Kgs. in three bags.

Earlier the petitioner went unsuccessful in Crl.M.P.No.1478 of 2018 before the learned Metropolitan Sessions Judge-cum-Special Judge for trial of Offences under NDPS Act, Visakhapatnam, vide dismissal order, dated 11.07.2018. 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 disposed of without prejudice to defence. Need less to say, the learned Sessions Judge shall make every endeavour for early disposal of N.S.C.No.201 of 2018, 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 11th October 2018.

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