THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
CRIMINAL PETITION NO.5357 OF 2022
ORDER:-
This petition under Sections 437 & 439 of Criminal Procedure
Code ('Cr.P.C.' in short), seeking regular bail, by the
petitioners/Accused No.4 in Crime No.93 of 2020 of Addategala
Police Station, Rajahmahendravaram registered for the offence
punishable under Section 8 (c) r/w 20 (b) (ii) (c) of Narcotic Drugs
and Psychotropic Substances Act, 1985.
2. The case of prosecution is that, the on 20.06.2020 on receipt
of information through Forest Range Officer, Addateegala, the S.I
of police, Addateegala, his staff, Tahsildar of Addateegala and
mediator reached the Forest Check post, Gonthuvanipalem and
found 140 kgs of Ganja in an Eicher van bearing No.TN 59 AS 2796
and also one mobile phone and seized the same. Hence, the
present crime was registered under cover of mediators report.
On 20.04.2022, A2 and A4 were arrested and they were sent
to judicial custody on 21.04.2022.
3. Heard Sri G.Maheswara Rao, learned counsel for the
petitioner and Sri Soora Venkata Sainath, learned Special Assistant
Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner, in elaboration, contended that, the petitioner/accused No. 4 never involved in this case and also in any crime earlier. He is attending daily wage labour work and maintaining his respective family with his meager income. It is 2 further contended that the petitioner is no way concerned with the offence and he is falsely implicated in the crime.
On the above contentions, the learned counsel for the petitioner sought for grant of regular bail to the petitioner.
5. Learned Special Assistant Public Prosecutor opposed the petition and would contend that the previous application of the petitioner was dismissed on the ground that the petitioner was involved in other similar cases. The same was also taken due note by the trial Court while dismissing the application of the petitioner/A4 in Crl.M.P.No.1028 of 2022 vide order dated 24.06.2022 which reads as follows:
"The previous bail application was dismissed as the petitioner/A4 was also involved in Crime registered in Kotananduru Police Station on 17.01.2018 for illegal transportation of Ganja and in view of the bar under Section 37 of the Act. As can be seen from the investigation findings mentioned in the case diary, the petitioner/A4 was involved in Ganja case registered in Kotananduru Police Station and further his involvement in procuring 140 kgs of Ganja along with the other accused for doing business is also prima facie found".
6. Learned Special Assistant Public Prosecutor draw the attention of this Court to the judgment of Hon'ble Supreme Court in Narcotics Control Bureau vs. Mohit Aggarwal in criminal Appeal Nos.1001-1002 of 2022 dated 19th July, 2022 to para No.18 which reads as follows:
"In our opinion the narrow parameters of bail available under Section 37 of the Act, have not been satisfied in the facts of 3 the instant case. At this stage, it is not safe to conclude that the respondent has successfully demonstrated that there are reasonable grounds to believe that he is not guilty of the offence alleged against him, for him to have been admitted to bail. The length of the period of his custody or the fact that the charge-sheet has been filed and the trial has commenced are by themselves not considerations that can be treated as persuasive grounds for granting relief to the respondent under Section 37 of the NDPS Act."
7. In the case on hand, the petitioner is involved in other crimes which are registered for similar offences and it shows that petitioner is habitual offender. Therefore, there is force in the contention of the learned Special Additional Public Prosecutor that there is likelihood of the petitioner perpetuating the similar offence, if he is extended the benefit of bail.
7. Taking into consideration the facts of the case and the contentions of the both learned counsel and material available on record and keeping in view the prior antecedents of the accused and the possibility of repeating similar or other offences while on bail and apart from that the quantity involved in the present crime is 140 kgs of Ganja is a commercial quantity, this Court feels that this is not a fit case to grant bail.
8. Accordingly, this Criminal Petition is dismissed.
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ JUSTICE RAVI CHEEMALAPATI Date : 27.07.2022 AG 4 113 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION NO.5357 OF 2022 Date : 27.07.2022 AG