Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(AP) 1430

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T. MALLIKARJUNA RAO, J.
Ramesh Nath and Others – Petitioners
Versus
The State of Andhra Pradesh – Respondent
Criminal Petition No. 556 of 2024
Decided On : 02-04-2024

Advocates:
Advocate Appeared:
For the Petitioner: G. Kumar Yaddlapalli
For the Respondent: Suresh Kumar Routhu

The court emphasized that bail under the NDPS Act requires reasonable grounds for believing the accused is not guilty, especially when dealing with commercial quantities of narcotics.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c) and 20(b)(ii)(c) - Criminal Procedure Code, 1973 - Sections 437 and 439 - Bail application - Petitioners arrested for possession of 203.306 kgs of ganja - Prosecution established prima facie case against petitioners - Petitioners' claim of false implication rejected - No grounds for bail found. (Paras 1, 2, 8, 18)

(B) Bail - Conditions for granting bail under NDPS Act - The court must be satisfied that there are reasonable grounds for believing the accused is not guilty and not likely to commit further offences while on bail. (Paras 14, 20)

Facts of the case:
Petitioners arrested for possessing 203.306 kgs of ganja in a car after being intercepted by Customs officials based on prior information. They claimed innocence and false implication. (Paras 3, 5)

Findings of Court:
The court found no grounds to believe the petitioners were falsely implicated and emphasized the seriousness of the offence due to the quantity of contraband involved. (Paras 16, 18)

Issues: Whether the petitioners could be granted bail considering the nature of the offence and the evidence against them. (Paras 14, 18)

Ratio Decidendi: The court ruled that the substantial quantity of contraband and the circumstances of the case did not warrant bail, emphasizing the need for societal protection against narcotics. (Paras 18, 20)

Result: Criminal Petition dismissed.

JUDGMENT :

T. MALLIKARJUNA RAO, J.

1. This Criminal Petition under Section 437 and 439 of Cr.P.C. has been filed by the petitioners/A1 and A2, seeking regular bail in Cr. No. VIII/10/24/2023-Customs Preventive Commissionerate, Vijayawada.

2. The above crime was registered against the petitioners for the offence punishable under Sections 8(c) read with 20(b)(ii)(c) of NDPS Act.

3. The Prosecution’s case, in brief, is that the Superintendent of Customs Preventive Commissionerate, Vijayawada got advance information that the petitioners were coming to the lane adjacent to St. John’s High School, Gannavaram in a silver colour car from Visakhapatnam on 12.10.2023 afternoon. Basing on the information, the officers of Customs Preventive Commissionerate, Vijayawada along with independent witnesses way laid and stopped the Volkswagen Vento Car bearing registration No. AP 31 BT 9289 and questioned A1 and A2 and after that taken them into their custody at 3.00 pm on the same day. On search of the car, they found 99 bags containing ganja totaling to 203.306 kgs. On enquiry, A1 and A2 submitted that they purchased the same at Jaggampeta by Raju Ram Chowdary @ Raju Bhai, who escorted them on a motorcycle and directed them to head towards Hyderabad and by the time, the petitioners reached to Gannavaram, the Customs officials took them into their custody. After observing all formalities, they were remanded to judicial custody.

4. Sri Suresh Kumar Routhu, learned Senior Standing Counsel for Central Board of Indirect Taxes and Customs at Vijayawada, representing the Respondent-State filed counter and submitted that on advance information by the Superintendent of Customs Preventive Commissionerate, Vijayawada that the petitioners were coming to Vijayawada in a silver colour car from Visakhapatnam on 12.10.2023 afternoon. Basing on the information, the officers of Customs Preventive Commissionerate, Vijayawada along with independent witnesses way laid at St. John’s School, Gannavaram and stopped the Volkswagen Vento Car bearing registration no. AP 31 BT 9289 and questioned A1 & A2 and after that taken them into their custody at 3.00pm on the same day. On search of the car, they found 99 bags containing ganja totaling to 203.306 kgs. On enquiry, A1 and A2 submitted that they purchased the same at Jaggampeta by Raju Ram Chowdary @ Raju Bhai, who escorted them on a motorcycle and directed them to head towards Hyderabad and by the time, the petitioners reached to Gannavaram, the Customs officials took them into their custody. After recording the statement of witnesses, A1 and A2 were arrested. Investigation is going on and no charge sheet was filed. There are clear ingredients in the report attracting the offence against the petitioners.

5. Learned counsel for the Petitioners submitted that the Petitioners are innocent, they were falsely implicated in this crime and they eke out their livelihood by performing poojas; they never involved in any offences as alleged by the customs officials who arrested them on 13.10.2023; Petitioners are languishing in Sub-Jail, Gannavaram, since 13.10.2023; Petitioner did not involve in any ganja related cases in the past and plead not guilty of offence; so far, the Respondent have examined all the material witnesses and completed their investigation including the receipt of chemical analysis from Central Customs Laboratory, Chennai; previously, they filed a regular bail in Crl. M.P. No. 1557 of 2023 on the file of Metropolitan Sessions Judgecum- Special Judge for trial of NDPS Act Cases, Vijayawada and the same was dismissed on 08.01.2024; therefore, Petitioners prayed to release them on bail.

6. I have heard both sides. Learned counsel on both sides reiterated their submissions on par with the contentions presented in the petition and the report. Consequently, the contentions raised by learned counsel need not be reproduced.

7. It can be seen from the record that the Respondent registered a case in Cr. No. VIII/10/24/2023 on