Pattam Srinu v. State Of A.P.,

HONOURABLE SRI J USTICE SURESH K UMAR K AIT CRIMINAL PETITION No. 15230 of 2016 ORDER:

Vide present Criminal Petition, the petitioner/Accused No.1 seeks a direction thereby to enlarge him on bail in Crime No. 04 of 2016 registered on the file of Station House Officer, Police Station, Y. Ramavaram, EG District for the offences punishable under Section 8(c) read with 20 (b)(ii) of NDPS Act. The present Criminal Petition is filed on the ground that the petitioner is in Central Prison, Rajahmundry since 31.01.2016. Entire investigation is completed. The petitioner has to engage an Advocate for defending the case registered against him and therefore the present Criminal Petition may be allowed. Learned Counsel appearing on behalf of the petitioner submits that Accused Nos. 3 and 4 were enlarged on bail vide order dated 11.04.2016 and Accused Nos. 5 to 7 were enlarged on bail vide order dated 01.06.2016. The petitioner has similar role as that of those accused and therefore the petitioner is entitled to bail.

As per the investigation report, the petitioner is the prime accused and the others were engaged by the petitioner for transportation of 'Ganja'. The seizure of 'Ganja' from the possession of the petitioner is not the first time,. In fact before the

registration of instant case also, the petitioner was involved in trading of 'Ganja'

Keeping in view the quantity of 200 Kgs of 'Ganja' seized from the possession of the petitioner, and as Section 37 of the NDPS Act come into play, this petition merits no consideration and the same is accordingly dismissed.

Miscellaneous petitions pending consideration if any in the Criminal Petition shall stand closed in consequence. -------------------------------------------- JUSTICE SURESH KUMAR KAIT DATED 7th November, 2016.

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