Shailindhar Singh v. The State Of Andhra Pradesh

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.11917 OF 2018 ORDER:

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused No.2 for grant of bail in Crime No.122 of 2018 of Devarapalli Police Station, Visakhapatnam District, registered for the offence punishable under Section 20 (b) (ii) (c) read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2.

Heard the learned counsel for the petitioner/accused No.2, the learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

Learned counsel for the petitioner/accused No.2 would submit that the petitioner was not responsible for transportation of Ganja on 27.09.2018; that a false case is foisted against him and ultimately prayed to allow the bail application. 4.

Learned Additional Public Prosecutor opposed the grant of bail to the petitioner/accused No.2.

5.

As per the panchanama and the material placed before this Court, this petitioner/accused No.2 was found transporting 200 kgs., of Ganja in Tata Safari vehicle bearing No.AP-28-AZ8170 and 5 kgs., of Ganja in Scooty and the same was seized under the cover of panchanama in the presence of mediators following the requisite procedure. The specific allegation is that the petitioner/accused No.2 was found in possession of Ganja. Under these circumstances, it cannot be held that the petitioner/accused

No.2 is falsely implicated in this case. In the course of submissions, it is brought to the notice of this Court that this petitioner/accused No.2 also indulged in similar offence in past. In the event of release of petitioner/accused No.2 on bail, he would indulge in similar offence. The Ganja seized is commercial quantity. There- are no justifiable grounds to allow the application.

6.

Accordingly, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this petition shall stand closed.

___________________________________ DR.JUSTICE SHAMEEM AKTHER NOVEMBMER 23, 2018 YVL

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.11917 OF 2018 Date: 23.11.2018 YVL