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2023 Supreme(Online)(AP) 12119
HIGH COURT OF ANDHRA PRADESH MONDAY ,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 4639 OF 2023 Between:
1. THERAVADA CHINNA RAO S/o T.Somayya, aged 27 years, R/o. Subbulu, Rapalli Post, G.Madugula, Alluri Sitarama Raju District.
...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH Rep. by SHO, V.Madugula Police Station, through Public Prosecutor, High Court of AP., Amaravati.
...RESPONDENTS Counsel for the Petitioner(s): RAMANA ALLU Counsel for the Respondents: PUBLIC PROSECUTOR (AP)
The Court made the following: ORDER THE HON’BLE SRI JUSTICE K. SURESH REDDY CRIMINAL PETITION No. 4639 OF 2023
ORDER:
Accused No.8 in Crime No.336 of 2021 of V.Madugula Police Station, filed the present application under Section 438 of the Criminal Procedure Code, 1973, seeking anticipatory bail.
2. The above said Crime was registered against the petitioner herein for the offence punishable under Sections 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
3. The brief facts of the case are that, on 15.12.2021, Assistant Sub-Inspector of Police, V.Madugula Police Station, along with his staff and mediators apprehended the Accused Nos.1, 4 & 6 at the outskirts of Thatiparthi village and seized 22.00 kgs of Ganja from their possession. The Accused No.3 is said to have sold the said Ganja to the Accused Nos.1, 4 & 6. The Accused No.2 is said to have sold 01.00 kg of Hasish oil to the Accused Nos.1, 4 & 6. After arresting all the above accused, they were remanded to judicial custody. During the course of the investigation, the Accused No.2 confessed stating that, he purchased 01.00 kg of Hashish oil from the petitioner herein/Accused No.8. On the basis of the confession made by the Accused No.2, the petitioner herein is shown as Accused No.8
4. Learned counsel for the petitioner contends that, no contraband was seized from the possession of the petitioner herein. The petitioner herein came to be implicated in the present Crime only on the basis of the confession made by the Accused No.2.
5. On the other hand, the learned Special Assistant Public Prosecutor on instructions states that, it is the Accused No.8, who supplied the Hashish oil to the Accused No.2, in turn the Accused No.2 sold the same to the Accused Nos.1, 4 & 6. As such the learned Special Assistant Public Prosecutor requests this Court to dismiss the petition.
6. This Court perused the entire material on record.
7. As seen from the material on record, the contraband seized from the accused is 22.00 kgs of Ganja and the Hashish oil involved in the present Crime is 01.00 kg. As such, this Court is not inclined to grant anticipatory bail to the petitioner.
8. Accordingly, the present criminal petition is dismissed.
___________________________ SRI K.SURESH REDDY, J Date: 24.07.2023 SRT THE HON’BLE SRI JUSTICE K. SURESH REDDY CRIMINAL PETITION No. 4639 of 2023 Date: 24.07.2023.
SRT
