COMMON ORDER :

Since these Criminal Petitions are filed, under Section 437 & 439 of Cr.P.C., seeking regular bail, by different accused i.e. Crl.P.No.773 of 2024 (filed by A4 and A13), Crl.P.No.814 of 2024 (filed by A11 and A12) and Crl.P.No.1360 of 2024 (filed by A6 and A7) in same crime viz. Crime No.279 of 2023 of II Town Police Station, Visakhapatnam, they are being taken up together for disposal by way of this Common Order.

2. A case has been registered against the petitioners and others for the offences punishable under Sections 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. Case of the prosecution, in brief, is that on 29.11.2023, on credible information about transportation of ganja, the Sub-Inspector of police, II Town Police Station along with his staff and mediators rushed to AV Street, Atchayyammapeta, Allipuram, Visakhapatnam City and called one Ummidi Dhana Laxmi and had enquired her as to who were residing in her house and she disclosed that she gave the said house to one Ch.Ramu/A1 under lease on a monthly rent and when she was asked to open the premises the said Dhana Laxmi opened the said house with second key available with her and the police found 13 packets in a cupboard and 88 brown colour packets in 88 gunny bags in total 214 Kgs of ganja in the said bags was seized from the said house in the presence of mediators under the cover of mediators report. On 07.12.2023, the Inspector of police, II Town Police Station, received information about the absconding accused and he secured the presence of mediators and started conducting vehicle checking and found two vehicles coming towards them and by looking at police party the persons in the vehicles got down and tried to escape. Then A2, A8, A6, A9, A4 and A13 were apprehended. During interrogation, they disclosed about A11 and A12.

4. Learned counsel for the petitioners submits that basing on the confessional statement of A1 the petitioners herein were implicated in the present crime and no property was recovered by the police from their possession. He further submits that while drawing samples the investigating authorities have not followed the procedure as contemplated under Section 52-A of NDPS Act. In support of his contention, learned counsel has placed reliance on the judgment of the Hon’ble Apex Court in Rabi Prakash Vs. The State of Odisha1.

5. On the other hand, learned Assistant Public Prosecutor vehemently opposed to grant bail to the petitioners on the ground that huge quantity of Ganja was involved in the crime and the investigating authorities have collected C.C. footage showing the involvement of the petitioners in the commission of offence. In support of his contention, learned Assistant Public Prosecutor relied on the judgment of the Hon’ble Apex Court in State of

1 2023 LiveLaw (SC) 533

Madhya Pradesh Vs. Kajad2, State of Kerala and Others Vs. Rajesh and Others3 and Babua Vs. State of Orissa4.

6. A perusal of the material on record shows that 214 Kgs of ganja, which is a huge quantity was procured from the premises of one U.Dhani Lakshimi which was given lease to A1. It is the contention of the learned Assistant Public Prosecutor that even though basing on the confession of A1 the other accused were apprehended, the C.C footage which was collected shows the involvement of the petitioners herein in the commission of offence.

7. In view of the judgments relied on by the learned Assistant Public Prosecutor, and since more than commercial quantity of ganja is involved in the present case, and the investigation is still pending, this Court is not inclined to grant bail to the petitioners at this stage.

8. Accordingly, the Criminal Petition Nos.773, 814 and 1360 of 2024 are dismissed.

As a sequel thereto, the miscellaneous petitions, if any, shall stand closed.

_____________________________

VENKATA JYOTHIRMAI PRATAPA,J Dated:01.05.2024 ASR

2 MANU/SC/0541/2001 3 MANU/SC/0084/2020 4 MANU/SC/0752/2001

THE HONOURABLE SMT.