Nagula Vijay vs The State Of Telangana
2021 Latest Caselaw 1608 Tel

               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.

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

2020 (12) SCC 122

2020 (8) SCC 645

Crl.A.No.257 of 2021 (SLP (Crl.) No.670 of 2021)