THE HONOURABLE JUSTICE G. SRI DEVI
CRIMINAL PETITION No.4020 of 2021
ORDER:
This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A1 seeking to grant bail to him in connection with Cr.No.30 of 2021 on the file of Dammapeta Police Station, Bhadradri-Kothagudem District, registered for the offence punishable under Section 8(c) read with Section 20(b) of NDPS Act, 1985.
2. Heard learned counsel appearing for the petitioner/A1, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.
3. It is alleged in the complaint that on 16.02.2021 at 15.30 hours, while the Sub-Inspector of Police along with his staff was conducting vehicle check at Mustibanda Village Outskirts, they stopped a lorry bearing No.AP 31 TT 9902, apprehended A1 and A3-driver and seized total 986.5 kgs of ganja under a cover of panchanama, and A2, who is brother-in-law of A1, has purchased the alleged ganja along with A1.
4. Learned counsel for the petitioner/A1 submits that the petitioner has been falsely implicated in the present case and he has not committed any offence as alleged by the prosecution. He further submits that the entire investigation is completed, except filing of the charge sheet and as such, the question of tampering with the evidence does not arise. He further submits that the petitioner is in judicial custody since 17.02.2021 and he is a law abiding citizen and ready to abide by any condition imposed by this Court in the event of his enlargement on bail.
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5. Relying upon the judgments of the Apex Court in State of Kerala v. Rajesh1, Preet Pal Singh v. state of U.P.2 and The State of (GNCT of Delhi) Narcotics Central Bureau v. Chandha3, learned Assistant Public Prosecutor appearing for the State opposed the petition contending that unless satisfied the requirement under Section 37 of NDPS Act, 1985, this Court cannot enlarge the petitioner on bail as a matter of course. He also submits that the petitioner is habitual offender as he is involved in four other similar cases.
6. As seen from the contents of FIR, the petitioner/A1 was found in possession of approximately 1000 kgs of ganja, which was purchased from an unknown person at low cost, and transporting the same to Warangal in the aforesaid vehicle, which was taken from his cousin Nagula Purushotham, on rental basis, on a false pretext that he was supposed to transport soil at Warangal for two days, but he has transported ganja to Warangal, in order to transport the same to Maharastra, and on the way, the police apprehended him along with the vehicle. Thus, looking into the natural allegations leveled against the petitioner and his involvement in illegal transportation of huge quantity of ganja and as he is habitual offender involved in four other similar cases, I am not inclined to grant bail to the petitioner and his prayer for bail is rejected.
7. Accordingly, the Criminal Petition is dismissed.
8. Miscellaneous petitions, if any pending in this criminal petition, shall stand dismissed.
___________________ JUSTICE G.SRI DEVI 10th June, 2021 sj 1 2020 (12) SCC 122 2 2020 (8) SCC 645 3 Crl.A.No.257 of 2021 (SLP (Crl.) No.670 of 2021)