SHAIK BAJI vs THE STATE OF ANDHRA PRADESH

HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CRIMINAL PETITION No.2565 of 2023 ORDER: Heard Sri Uyyuri Manivarun, Learned Counsel representing the Petitioner/Accused No.1 and Learned Special Assistant Public Prosecutor for the Respondent– State.

2.

This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the Petitioner/A1, seeking regular bail, in Crime No.42 of 2022 of S.E.B.

Station, Ongole, Prakasam District.

3.

A case has been registered against the Petitioner and others for the offence punishable under Section 8(c) r/w 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

4.

Case of the prosecution, in brief, is that, on 28.12.2022 at 02.45 p.m., on credible information, Enforcement Inspector, SEB Station, Ongole along with his staff and mediators while conducting raid in front of SKBS 2 Sai A1 Convention Hall, located along side Guntur Road, found Petitioner and two others carrying 40 Kgs of Dry Ganja in an Auto bearing Registration No.AP 39 TG 8728.

The contraband along with other material was seized under the cover of a mediators report and accused were remanded to judicial custody.

5.

Learned Counsel for the Petitioner submits that the Petitioner was arrested on 28.12.2022 and remanded to judicial custody.

Learned Counsel submits that major portion of the investigation is completed, except filing of the Charge Sheet.

6.

Learned Assistant Public Prosecutor submits that the contraband that is seized from the Petitioner/Accused No.1 is about 40 KGs of Ganja and that the investigation is not yet completed.

7.

Having regard to the facts and circumstances of the case, since there are specific accusation leveled against the Petitioner that he is in possession of 40 Kgs of Ganja, which is a commercial quantity, and considering the stage 3 of investigation, this Court is not inclined to grant bail to the Petitioner at this stage.

8.

Accordingly, the Criminal Petition is dismissed. dismissed. _______________________________ G.

RAMAKRISHNA PRASAD, J.

Date:18.5.2023 vasu