Citation : 2023 Latest Caselaw 2120 Tel
Judgement Date : 8 September, 2023
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
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
(2016) 3 Supreme Court Cases 379
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO. 8217 OF 2023
Dt.08.09.2023
kvs
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