Malothu Nageswara Rao v. The State Of A.P. Rep. By Its P.P

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.11203 OF 2017 ORDER:

Heard learned counsel for the petitioner/A.4, learned Additional Public Prosecutor for the respondent State and perused the record.

This petition is filed under Section 439 Cr.P.C. for grant of bail to the petitioner/A.4 in Crime No.14 of 2017 of Mothugudem Police Station, East Godavari District, for the offence punishable under Section 8(c) read with Section 20(b)(ii)(c) of NDPS Act. Learned counsel for the petitioner would submit that the petitioner is an innocent person and falsely implicated in this case. No ganja was found in his possession.

Learned Additional Public Prosecutor opposed the grant of bail to the petitioner.

As per the material on record, the petitioner along with other accused was travelling in a car bearing No.TS 04 EJ 8286 on 14.04.2017. 60 kgs of ganja containing in three bags was seized under a cover of panchanama from the said car on that day. Thereafter, this case was registered and investigated. It is brought to the notice of this Court that the charge-sheet is filed. The quantity seized is a commercial quantity. There is stringent punishment prescribed for dealing in commercial quantity of ganja. The allegations are grave. Release of the petitioner would hinder the investigation and there is possibility of repeating the similar offences. It is not a fit case to grant bail to the petitioner/A.4. However, the trial Court can be directed to expedite the trial.

With the above direction, the Criminal Petition is dismissed. ____________________________ Dr. SHAMEEM AKTHER, J 23rd NOVEMBER, 2017.

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