Muggalla Srinivasa Rao vs The State Of Andhra Pradesh
2023 Latest Caselaw 5021 AP

        THE HON'BLE SRI JUSTICE K.SURESH REDDY



            CRIMINAL PETITION No.7752 OF 2023

                                      &

            CRIMINAL PETITION No.7813 OF 2023

COMMON ORDER:

      As both the criminal petitions arise out of the same crime,

they are being disposed of by way of this common order.


      02.   A.2   and     A.3    in       Crime   No.283       of     2023     of

Jangareddigudem Police Station, West Godavari District, filed

Crl.P.No.7752 of 2023, whereas A.2 to A.4 filed Crl.P. No.7813 of

2023.


      03.   A.2   to     A.4    in    Crime       No.283       of     2023     of

Jangareddigudem Police Station, West Godavari District, filed

these applications under Sections 437 & 439 of the Code of

Criminal Procedure Code, 1973, seeking to release them on

regular bail.


      04.   The   said   crime       was    registered   for        the   offence

punishable under Sections 8(c) read with 20(b) (ii) (c) of the
                                -2-
                                          Crl.P.Nos.7752 & 7813 of 2023


Narcotic Drugs and Psychotropic Substances Act, 1985 (for short

'NDPS Act').


     05. The case of the prosecution is that, A.1 used to

transport ganja from Orissa State to Jangareddigudem Village

and sell the same to A.2 to A.9.     While so, on 19.07.2023 at

about 1.00 PM, on receipt of credible information, the S.I. of

Police, Jangareddigudem Police Station, along with his staff and

mediators      apprehended    A.1    to      A.9    near     Pyramid,

Ramachandrauram, H/o.Jangareddigudem Village & Mandal,

who are found in possession of 24.400 kgs., of ganja.            After

conducting panchanama and after seizing the contraband, the

S.I. of Police arrested all the 9 accused and remanded to judicial

custody.


     06. Learned counsel for the petitioners contends that the

contraband seized from the possession of A.2 and A.3 is 0.700

grams each and 0.400 grams from the possession of A.4.

Further he contends that the petitioners were arrested on

19.07.2023

and ever since they are in judicial custody.

Crl.P.Nos.7752 & 7813 of 2023

07. On the other hand, learned Assistant Public

Prosecutor, on instructions, opposed the bail application

contending that the total contraband seized from the possession

of all the 9 accused is 24.400 kgs, which is a commercial

quantity. He further contends that, in view of the judgment of

the Hon'ble Supreme Court, apportionment of contraband from

each of the accused is not permissible.

08. This Court perused the entire material on record.

The contraband seized from the possession of petitioners

is a commercial quantity and in view of the provisions of

Section 37 of NDPS Act, this Court is not inclined to

enlarge the petitioners/A2 to A.4 on bail at this stage.

09. Hence, the criminal petitions are dismissed.

Pending miscellaneous applications, if any, shall stand

closed.

______________________ K.SURESH REDDY, J Dt.16.10.2023 BV