Pandiyam Firoz , Srikanth, v. The State Of Andhra Pradesh,
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY SEVENTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT :
THE HONOURABLE SMT JUSTICE T. RAJANI CRLP .No. 12345 of 2017 Between:- 1.Pandiyam Firoz @ Srikanth, S/o. Nazeer Khan 2.Batta Venkata Reddy @ Venkat, S/o. Rami Reddy 3.Karam Vara Prasad Dora @ Prasad, S/o. Balu Dora. ..... Petitioners/Accused Nos.1 to 3.
AND The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Judicature at Hyderabad, For the State of Telangana And the State of Andhra Pradesh.
.....Respondent/Complainant.
Petition filed under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to release the petitioners/accused Nos. 1 to 3 on bail I Crime No. 7 of 2017 on the file of the Police Station, Mothugudem, East Godavari District . The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri A. Prabhakar Rao, Advocate for the Petitioners and of Public Prosecutor(AP) on behalf of RespondentState, the Court made the following ORDER :- "This Criminal Petition is filed by the petitioners/A-1 to A-3 under section 437 and 439 of Cr.P.C., seeking to enlarge them on bail in Crime No. 07 of 2017 of Mothugudem Police Station, East Godavari district, registered for the offences punishable under section 20 [b] [ii] {c} of Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Heard the learned counsel for the petitioners/A-1 to A-3 and the learned Public Prosecutor for the respondent/State.
3. According to the case of prosecution that on 28/02/2017, the Inspector of Police, Chinturu Circle on receipt of reliable information about transportation of ganja proceeded to Suku Mamidi, Peddavagu bridge of Chinturu Mandal and found one Indica car coming from Mothugudem side and the persons in the car on seeing the police tried to escape. The police apprehended them, searched the car and seized 120 Kgs of ganja. On the basis of seizure panchanama, the police registered a case in Crime No. 07 of 2017 for the offences punishable under section 8 [c] read with section 20 [b] [ii] {c} of Narcotic Drugs and Psychotropic Substances Act, 1985.
4. The learned counsel for the petitioners/A-1 to A-3 being aware of the position of law with regard limitation to grant bail, when the quantity of narcotic substance involved is more than the commercial quantity, restricts his prayer and for a direction to the lower court to expedite the trial of the main case.
5. Hence, in view of the fact that the petitioners are languishing in jail from February 2017, the trial court; namely, I-Additional District and Sessions Judge, East Godavari at Rajamahendravaram is directed to expedite and complete the trial of the case expeditiously, preferably within a period of four months from the date of receipt of a copy of this order. Contd...2...
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6. With the above direction, this Criminal Petition is allowed to the extent indicated above.
7. As a sequel, miscellaneous petitions if any, pending in this Criminal Petition shall stand closed."
Sd/- U. SIVA LEELA, ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1.The I Additional District and Sessions Judge, East Godavari District At Rajamahendravaram.
2.The Judicial First Class Magistrate, Rampachodavaram, East Godavari District. 3.Station House Officer, Mothugudem Police Station, Vizianagaram District. 4.The Superintendent, Central Prison, Rajamahendravaram, East Godavari District. 5.Two CCs to the Public Prosecutor(AP), High Court at Hyd.(OUT) 6.One CC to Sri A. Prabhakar Rao, Advocate(OPUC) 7.One spare copy.
TKK
HIGH COURT TR.J DT.26-12-2017.
ORDER
CRL.P.No. 12345 of 2017 D I R E C T I O N
DRAFTED BY TKK DT.30-12-2017.
HIGH COURT TR.J DT.27-12-2017.
ORDER
CRL.P.No. 12345 of 2017 D I R E C T I O N.