Nune Vijender v. The State Of Andhra Pradesh

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.11944 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 S.C.No.160 of 2017 on the file of I Additional District and Sessions Judge, Rajahmundry. It is brought to the notice of this Court that earlier bail application of the petitioner and other accused was dismissed by this Court vide order dated 24.07.2017 in Crl.P.No.3930 of 2017. Learned counsel for the petitioner/A.4 would submit that charge-sheet is filed and investigation is completed.

The petitioner/A.4 is only a cleaner of the lorry. There is a specific accusation against the petitioner that he was transporting 300 kgs of ganja. The same was seized under a cover of panchanama following the procedure established under law. Any infirmities can be determined during the course of trial. It cannot be said that the petitioner would not commit similar offences in future. The quantity seized is a commercial quantity. There are no changed circumstances. The petitioner is not entitled for bail. As charge sheet is filed, the trial Court is directed to expedite the trial of the Sessions Case and complete the same within six months from the date of this order. With the above direction, the Criminal Petition is dismissed. ____________________________ Dr. SHAMEEM AKTHER, J 12th December, 2017.

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