The court's decision was influenced by the provisions of the NDPS Act, particularly Section 37, which restricts bail in cases involving commercial quantities of contraband, and the relevance of ongoing investigations in determining bail eligibility.

JUDGMENT

Lalitha Kanneganti, J. - This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioners/A.3 and A.4 in connection with Crime No.97 of 2020 of Chintoor Police Station, East Godavari District, registered for the offences punishable under Sections 8(c), 20(b)(ii)(c ) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").

2. Heard learned counsel for the petitioners and the learned Public Prosecutor for the respondent-State.

3. The case of prosecution is that on 26.02.2020 on the credible information about illegal transportation of Ganja, the police while conducting vehicle checking opposite to the Chintoor Police Station, on seeing the police, the petitioners/A.3 & A.4 and A.5 tried to skulk away from the place, but the police caught hold of them, and on questioning, they confessed their guilt, and then, the police seized 750 Kgs of Ganja in 30 plastic gunny bags each bag containing 25 kgs of Ganja under the cover of mediators report and the petitioners were arrested and remanded to judicial custody.

4. Learned counsel for the petitioners submits that the petitioners are not connected with the offence and they have been falsely implicated in the crime.

5. Learned Public Prosecutor submits that the investigation is still pending and the contra band that seized is 750 Kgs which is a commercial quantity. The petitioner/A.4 belonging to Maharashtra. He further submits that as the investigation is still pending, and at this point of time, if they are enlarged on bail, it is very difficult to secure their presence during the course of trial.

6. Taking into consideration the fact that the contra band sized is 750 Kgs, which is a commercial quantity and there is a bar under Section 37 of the NDPS Act, the investigation is under progress, this Court is of the view that it is not a fit case to grant bail to the petitioners and criminal petition is liable to be dismissed.

7. In the result, the Criminal Petition is dismissed.

Consequently, miscellaneous applications pending, if any, shall stand closed.