High Court dismissed bail petition in NDPS case involving 86 kgs of ganja. Court held no changed circumstances existed despite other accused getting bail.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI o @
FRIDAY JHE THIRD DAY OF MARCH / TWO THOUSAND AND TWENTY THREE ,
^^.2? J
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA;REDDY CRIMINAL PETITION NO: 1196 OF 2023 : "■■■
Between:
Killo Prasad @ Gati Prasad @ Prasad, S/o Late Sana, . 26 yeas, Kondhu (PTG) by Caste, Driver, R/o Ramaraopalem, Lothugedda Panchayat, Chintapalli Mandal. , iii ; • ’ ...Petitioner/Accused No.1
AND
The State Of Andhra Pradesh, Represented by it’s Public Prosecutor, High Court of A.P at Amaravathi
...Respondent/Complainant
Petition under Sections 437 & 439 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the. Petitioners/Accused' No.1 on bail in __connection with Crime No.21.6 of 2021 of Kasimkota P.S., Visakhapatnam District
This Petition coming on for hearing, upon perusing thfe Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Pardha Saradhi A V, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 H i .- -.
The Court made the following: ORDER
y*
THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY
/
Criminal Petition No.1196 of 2023
Order: : >
.; .This Griminal Petition, under Sections 437 and 439 and 167(2) of Cr.P.C., has been filed by the petitioner/Al, seeking regular bail, in ... , .. Crime. No.216 of 2021 of Kasimkota Police Station, Visakhapatnam district, Tegistered for the offence punishable under Section ■; I ■ ’ 20(b)(ii)(C): r/w 8(c), ,25. of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'). 2. Case.,of the prosecution, in brief, is that, on 13.08.2021, between 08.00 hours to, 10;00, hours, on N.H. 16 road, near fish bunk '••• j at Kasimkota Village, police arrested A2 to A6 and also intercepted J.C.L Petla Ganesh, while they were present at road side margin with 43 packets ganja weighing about 2 kgs each and total weight about 86 kgs worth Rs.l,72,000/-(Rupees one Lakh Seventy Two Thousand only). The Petitioner/Al absconded from the scene of offence. The contraband, along with vehicle and other, material, was seized under the cover of Panchanama report. Later, during the course of ; .. . investigation, the petitioner Al was arrested on 17.11.2022 at Tallapalem Junction and he was remanded to judicial custody on 18.11.2022 after producing in the court.
2'.'; ■
was arrested on 17.11.2022 and since then he is in judicial custody.
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He further submitted that other accused in the present crime were • ... ...... ■■■ uy 'i ;•>:; already granted bail. ' 4; On the contrary, learned Assistant Public Prosecutor submitted
that the petitioner herein is a habitual transporter of Gahja and he is • ■ • •rrX"' involved in as many as eight (8) other crimes. He further submitted
that the investigation is not yet completed. : ' f ;,
6. ^ The earlier ;ybail application filed by the :■ petitioner in
:Grl.P.N6ViO029 bfi 202^' Was dismissed by this Court oh 29.12.2022 and" this is thevsecond bail application. There are. no changed circumstances for grant of bail to the petitioner hereiri.. Considering the quantity , of contraband, and since the investigation is at nascent . ? -• stage, the petitioner is not entitled for regular bail at this stage.
As a sequel thereto, the miscellaneous petitions, if any,
pending, in this Criminal Petition, shall stand closed.
SD/- T. MADHAVI ASSISTANTREGISIRAR //TRUE COPY// ^EGTI^ OFFICER
To,
1 one CC to”^Xdha-sSxz 6. Two CD Copies J : ' sree
HIGH COURT
DATED:03/03/2023
ORDER
CRLP.No.1196 of 2023
2 3 AUG 2123 m]
. Current Sectton
At
DISMISSING THE CRIMINAL PETITION
1 issue framed by the court
Whether the petitioner is entitled to regular bail considering the quantity of contraband and nascent stage of investigation.
3 provisions across 2 enactments
Killo Prasad @ Gati Prasad @ Prasad
The State Of Andhra Pradesh
K Sreenivasa Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
