Budaralla Somalingam v. The State Of A.P

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9066 of 2016 ORDER:

This petition is filed by the petitioner - Accused No.3 under Section 438 of Criminal Procedure Code seeking to grant anticipatory bail to him in Crime No.176 of 2015 of Narsipatnam Town Police Station, Visakhapatnam District, registered for the offences punishable under Section 20(b) of the NDPS Act.

Heard and perused the material available on record. The case of the prosecution is that accused Nos.1 and 2 were found transporting 2010 kgs., of ganja illegally and the petitioner and accused No.4 have purchased the same and handed over it to A1 and A2 for transportation.

Learned counsel for the petitioner submitted that there is no specific allegation against the petitioner that he was found in possession of the contraband and that he was falsely implicated in the case.

Learned Additional Public Prosecutor opposed this petition by submitting that A1 and A2 have confessed that they are trying to transport the said contraband as per the directions of the petitioner and he has paid some money to them for that purpose and hence, it is not a fit case to grant bail to the petitioner.

In view of the submission of the learned Additional Public Prosecutor, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, the Criminal Petition is dismissed. _______________ RAJA ELANGO, J June 30, 2016.

KTL