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2023 Supreme(Online)(AP) 22024
HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 8893 OF 2023 Between:
1. SURAJ MANDAL S/o Subal Mandal, Aged 22 years, Caste by SC (Bengali), R/o Nalagunti Village, MV-72, Malkangiri District, Odisha State.
...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH Rep. by Public Prosecutor, High Court of A.P, at Amaravathi through SHO, Chinturu, P.S.
...RESPONDENTS Counsel for the Petitioner(s): BONU RAMA SHANKAR RAO Counsel for the Respondents: PUBLIC PROSECUTOR (AP)
The Court made the following: ORDER T.MALLIKARJUNA RAO THE HON’BLE SRI JUSTICE CRIMINAL PETITION No.8893 of 2023
ORDER:
This Criminal Petition under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/A3, seeking regular bail in Cr.No.54/2023 of Chinturu police station.
2. The above crime was registered against the petitioner/A3 for the offences punishable under Sections 8(c) read with
20(b)(ii)(c) of NDPS Act, 1985.
3. The case of the prosecution in brief is as follows:
On 11.7.2023 at about 5.00pm, the complainant along with their staff, on credible information about transportation of ganja, conducted vehicle checking at opposite Government Area Hospital, Chinturu Village, after noticing Hero Glamour motorcycle and Honda Shine Motorcycle with two persons coming from Lakkavaram Village side and the same was interrupted, when the two persons tried to escape they were apprehended and on being questioned, they disclosed their names and identity, on verification of the plastic gunny bags kept in each motorcycle, they found 40kgs of ganja, they were arrested and seized the contraband and sent them to judicial remand.
4. Learned counsel for the petitioner/A3 contended that the petitioner was in judicial custody from 12.7.2023 and he is coolie, as such prayed to grant bail to him.
5. On the other hand learned Assistant Public Prosecutor submitted that investigation is not completed and charge sheet was not filed and the seized contraband is of commercial quantity and opposed to grant bail to the petitioner.
6. Heard both sides.
7. Now, the point for consideration is:
Whether the petitioner/A3 can be released on grant of bail?
POINT:
8. Perused the entire material on record.
9. The contention of the learned counsel for the petitioner is that the contraband said to be seized from the possession of the accused is not commercial quantity and it is to be apportioned among the accused persons.
10. Learned Assistant Public Prosecutor submitted that the contraband was said to be seized from the petitioner and child conflict in law.
11. In view of the submissions made, this Court has gone through the contents of the remand report which is placed by the petitioner. It is the case of the prosecution that on 11.7.2023 at about 5.00pm while they were conducting vehicle checking, they noticed two motorcycles and two persons from Lakkavaram village side and on seeing the police, two persons tried to escape, then the police party apprehended and on enquiry they disclosed their identity as the petitioner and child conflict in law and on verification found 40kgs of ganja.
12. In view of the said submissions made at this stage, it is difficult to accept the contention of the petitioner that the said contraband has to be apportioned. Since the commercial quantity of ganja was said to be seized from the possession of the accused, this Court is not inclined to grant bail to the petitioner at this stage.
13. Accordingly, the criminal petition is dismissed.
As a sequel, miscellaneous petitions, if any, shall stand closed.
__________________________________ JUSTICE T.MALLIKARJUNA RAO
28.11.2023
THE HON’BLE SRI JUSTICE T.MALLIKARJUNA RAO CRIMINAL PETITION No.8893 of 2023 Dated: 28.11.2023
