Damusetti Sai Kumar v. The State Of A.P,

SMT JUSTICE T. RAJANI CRIMINAL PETITION No.11825 of 2018 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Cr.P.C., by the petitioners/A1 and A2 in Cr.No.112 of 2018 of V. Madugula Police Station, Visakhapatnam District, registered for the offences punishable under Section 8(c) read with Section 20(b)(ii)(c) of NDPS Act, seeking bail.

2.

Heard learned counsel for petitioners and the learned Public Prosecutor appearing for the respondent-State. 3.

Learned counsel for the petitioners submits that total 85 Kgs of ganja was seized from the possession of four accused. 4.

The submission of the learned counsel does not help the petitioners as even if a division is made among four accused, it is beyond the commercial quantity. Section 37 of the NDPS Act does not permit the Court to grant bail to the petitioners as the contraband involved is commercial quantity.

5.

Hence, this Court opines that this is not a fit case to grant bail to the petitioners.

6.

Hence, the Criminal Petition is dismissed. Miscellaneous applications, if any pending in this criminal petition, shall stand dismissed.

___________ T. RAJANI, J 3rd December, 2018 sj