KETAVATH VIJAY KUMAR CHINNA PANDEY NAIK vs THE STATE OF ANDHRA PRADESH
Party Details
- KETAVATH VIJAY KUMAR AT CHINNA PANDEY NAIK
- Kadavath Kranthi Kumar Sai
- THE STATE OF ANDHRA PRADESH
Case Summary
KETAVATH VIJAY KUMAR AT CHINNA PANDEY NAIK and Kadavath Kranthi Kumar Sai filed Case No. CRLP 2189/2023 in the High Court Of Andhra Pradesh on 21 Mar 2023 against THE STATE OF ANDHRA PRADESH. The case has had one hearing so far. The case was disposed of on 29 Mar 2023. 1 order has been issued in this matter.
Hearing History (1)
- 29MAR 2023Next Hearing
Judge: N/A
Orders (1)
- 29MAR 2023judgementView Order ↗
Order No: 1
Judgement DetailsView full order PDF ↗
THE HON’BLE MS JUSTICE B.S.BHANUMATHI Criminal Petition No.2189 of 2023 ORDER : This Criminal Petition is filed seeking bail under Section 437 and 439 of the Code of Criminal Procedure, 1973 (‘CrPC’) to the petitioners/A.2 and A.3 in Crime No.263 of 2022 of Narsipatnam Town Police Station, registered on 11-10-2022 for the offence punishable under Section 20(b) (ii) (C), 25 r/w 8 (c) of NDPS Act.
2.
Heard learned counsel for the petitioners/A.2 and A.3 and Sri.P.M.Mithileswara Reddy, learned Special Assistant Public Prosecutor representing the respondent/State.
3.
The case of prosecution is that on 11-10-2022 while the petitioners were transporting ganja of 204 kgs in nine gunny bags in a car bearing No.AP 39 HC 4964, they were caught.
4.
Learned counsel for the petitioner submitted that false case was foisted and the petitioners are innocent and they are the sole bread winners of the family.
He further submitted that substantial investigation is completed, though charge sheet is not filed, but their custody is no more required.
5.
Learned Special Assistant Public Prosecutor opposed the petition and submitted that huge quantity of ganja was seized.
He further submitted that the investigation is still pending and charge sheet is yet to be filed.
2 Crl.P.No.2189 of 2023 6.
Perused the record.
7.
Since the statutory period of 180 days as per section 36-A (4) of NDPS Act have not completed from the date of taking the petitioners into judicial custody and the petition has been opposed by the learned Special Assistant Public Prosecutor, the petitioners are not entitled to bail, unless the Court is satisfied that there are reasonable grounds to believe that the accused are not guilty of the offence.
In the present case, since the petitioners were arrested while carrying the contraband of 204 kgs of ganja, there is no ground to grant bail to the petitioner.
8.
In the result, the petition is dismissed.
Pending miscellaneous applications, if any, shall stand closed. nd closed. _______________________ JUSTICE B.S.BHANUMATHI Date : 29-03-2023 SAB