THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO.8217 OF 2023
ORDER:
1. This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/Accused No.3 in Crime No.NCB.F.No.48/1/4/2023/NCB/Sub-Zone/Hyderabad registered for the offence under Section 8 (c) r/w. 20 (b)(ii)(C), 28 & 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NPDS Act').
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.
3. The petitioner was arrested on 01.04.2023 along with two others. The case of the NCB is that on information, two vehicles were intercepted which are black Maruti Car and Mahindra Verito car. The officials found A1 and A2 in Maruti Car and this petitioner was in Mahindra Verito car. 40 kgs of ganja was found in the dicky of the Maruti Car. 170 kgs ganja was found in the Verito car, which was being transported by this petitioner. Having seized the said property, petitioner and two others were remanded to judicial 2 custody and also requisition made to the learned Magistrate for drawing samples in accordance with the judgment of the Hon'ble Supreme Court in Union of India v. Mohanlal and another 1.
4. Investigation is not yet complete and quantity seized is more than commercial quantity. As seen from the remand report, due procedure was followed in seizure of the contraband and collection of samples. I do not find any reason to grant bail at this stage.
5. Accordingly, the Criminal Petition is dismissed.
_________________ K.SURENDER, J Date: 08.09.2023 kvs 1 (2016) 3 Supreme Court Cases 379 3 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 8217 OF 2023 Dt.08.09.2023 kvs