THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION No.2074 OF 2020

ORDER:-

This petition is filed under Section 439 of the Code of

Criminal Procedure, 1973, to enlarge the petitioners on bail.

2.

The petitioners are A-1 and A-2 in Crime No.122 of 2020

of Biccavolu Police Station, East Godavari District.

3.

The alleged offences against them are under Sections 8 (C)

r/w 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (for short “N.D.P.S. Act”).

4.

Briefly stated, it is the case of the prosecution that on

01-05-2020,

the

petitioners

were

found

to

be

illegally

transporting 46 kgs of Ganja in the Lorry bearing No.TN 05 AL

5829. At that time, police apprehended them and on search of

the vehicle, the aforesaid contraband was found and same was

seized by the police. Therefore, the petitioners have committed

the aforesaid offences.

5.

Heard learned counsel for the petitioners and the learned

Additional Public Prosecutor.

6.

Learned counsel for the petitioners would submit that the

petitioners are from Tamilnadu State and they are driver and

cleaner of the lorry and they transported rice to Vizianagaram

and at that time, they were in quarantine for a period of

fourteen (14) days and thereafter they were released as they are

not tested positive. Subsequently, they were arrested in

connection with this crime. Therefore, he would submit that the

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petitioners are innocent and they are falsely implicated in this

case and thereby prayed for grant of bail to the petitioners.

7.

Learned Additional Public Prosecutor while opposing the

bail application, would submit that the petitioners who are the

driver and cleaner of the said lorry after purchasing the Ganja

that they are transporting the same to sell the same in the State

of Andhra Pradesh. Therefore, their complicity in commission of

the said offences is apparent from the record. He would submit

that the quantity of Ganja is 46 kgs is a commercial quantity.

Therefore, as investigation in this case is pending, he prayed for

dismissal of the petition.

8.

Perused the record.

9.

The petitioners are the residents of Tamilnadu State. As

per the prosecution version which is emanating from the record,

on 01-05-2020, they were found to be illegally transporting 46

kgs of Ganja. Therefore, the accusation made against them is

prima facie well founded. Further, the quantity of Ganja

involved in this case is46 kgs, which is a commercial quantity.

So, the bar under Section 37 of the N.D.P.S. Act applies to the

facts of the case. There is no material on record to presume

that the petitioners are not guilty of commission of the aforesaid

offences. Investigation in this case is still pending. Therefore,

the petitioners are not entitled to bail at this stage. Even

though they are in quarantine for a period of fourteen (14) days,

admittedly they are not tested positive.

10.

So, in the facts and circumstances of the case, this

Criminal Petition is dismissed.

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Miscellaneous Petitions, if any pending, in this Criminal

Petition, shall stand closed.

_____________________________________________

JUSTICE CHEEKATI MANAVENDRANATH ROY

Date : 15-06-2020

ARR/AKN

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION No.2074 OF 2020

Date : 15-06-2020

ARR/AKN