Dismissed

G.Sahadeva Raju v. State of Ap

Andhra Pradesh HC9 Sept 2019CRLP/3472/2019

Case brief

AI extract

What is this about?

In this criminal petition for regular bail under Sections 437 and 439 CrPC, the Court considered the offence of transporting commercial quantity of ganja. The Court held that Section 37 of the NDPS Act required an interdict approach, found strong prima facie accusation, and dismissed the bail application as the investigation was pending.

What did the court decide?

Bail application dismissed. Pending miscellaneous petitions, if any, constituted in this case are closed.

G.Sahadeva Raju Vs State of Ap — Narcotics (NDPS) | Andhra Pradesh HC (2019)

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HON'BLE SRI JUSTICE U. DURGA PRASAD RAO CRIMINAL PETITION No.3472 OF 2019

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ORDER :

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In this petition filed under Sections 437 and 439 Cr.P.C., the petitioners/A1 and A2 seek for regular bail in Crime No.45 of 2019 of Chintoor Police Station, East Godavari District, registered for the offences under Sections 8(c) r/w 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’).

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The prosecution case briefly is that on 26.04.2019 on credible information, the Inspector of Police, Chinturu Circle, secured the presence of the mediators and Gazetted Officer and proceeded to Gorlagudem Junction, Chinturu Mandal and started vehicle checking and found one Skoda Car bearing No.MH 04DY 6206 coming from Chinturu side and going towards Bhadrachalam and on seeing them, the driver of the said vehicle stopped the car road side, wherefrom three persons got down and they tried to skulk away. The police apprehended them and on interrogation, it was revealed that the three persons are A1 to A3 and they were transporting Ganza in the said vehicle. The police in the presence of the meditators inspected the vehicle and they found 120 Kgs of Ganza in 6 plastic bags. The police have seized the Ganza and lifted a sample in the presence of the mediators and Gazetted Officer to send the samples for chemical analysis. Investigation is reported to be pending.

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Denying the prosecution allegations, bail is pleaded for mainly on the submission that petitioners/A1 and A2 are innocent and they are unnecessarily roped into the offence and they have been in custody since 26.04.2019.

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Learned public prosecutor would submit that the investigation is in the nascent stage, and only seven witnesses are examined.

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As can be seen commercial quantity of 120 Kgs of Ganza was found in possession of the petitioners while they were transporting the same in the Skoda car bearing No.MH 04DY 6206. Therefore, Section 37 of NDPS Act would apply as an interdict for considering the bail application. There is strong prima facie accusation against the petitioners and investigation is still undergoing. Having regard to these facts and circumstances, this Court finds it is not apposite to grant the bail. Accordingly, the bail application is dismissed.

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As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed.

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_________________________ U.DURGA PRASAD RAO, J

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09.09.2019 SS

G.Sahadeva Raju v. State of Ap

Case brief

What is this about?

What did the court decide?

G.Sahadeva Raju v. State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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