Single Judge criminal court rejected bail application for Accused No.4 under the NDPS Act. The court held that the petitioner actively participated in transporting 88 Kgs of Ganja and thus cannot be enlarged on bail under Section 37.
Petition dismissed; petitioner not enlarged on bail.
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HON’BLE SRI JUSTICE K.SURESH REDDY
CRIMINAL PETITION. NO. 5314 OF 2023
ORDER :-
This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/Accused No.4, seeking regular bail in Crime No.87 of 2023 of Nakkapalli Police Station, Visakhapatnam District.
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Accused No.1, the petitioner, who is shown as Accused No.4, was arrested on 15.04.2023, who was remanded to judicial custody thereafter. It was further alleged by the prosecution that during the course of investigation, Accused No.1 revealed that Accused Nos. 3 and 5 are doing Ganja business since long time and they were involved in similar cases previously also. Accused Nos. 3 and 5 purchased Ganja from Accused No.2 and Accused No.1 transported the same. On 12.04.2023, as the Eicher Van has not reached the destination, Accused Nos. 3 and 5 asked the petitioner/A-4 to go and search for the said Van. While searching the said Van, the Police apprehended the petitioner/A-4 at Devavaram Junction, NH-16 Road. During the course of investigation, the petitioner/A-4 disclosed that his brother and father, who were shown as Accused Nos. 3 and 5 are doing Ganja business since long time and they were involved in similar cases previously. On the fateful day, as his brother and father asked him to verify and trace the vehicle, he went to NH-16 Road from Tanuku.
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circumstances of the case and as the contraband involved in the present case is 88.00Kgs of Ganja and in view of the provision under Section 37 of the Act, this Court is not inclined to enlarge the petitioner/A-4 on bail at this stage.
______________________ K.SURESH REDDY,J
Date: 09.08.2023 RSI/TSNR
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THE HON’BLE SRI JUSTICE K. SURESH REDDY
CRIMINAL PETITION No. 5314 of 2023
Date: 09.08.2023. RSI/TSNR
2 issues framed by the court
Whether the petitioner, Accused No.4, is eligible for bail having knowledge of and involvement in transporting 88 Kgs of Ganja.
Whether the quantity of contraband involved warrants refusal of bail under Section 37 of the NDPS Act.
5 provisions across 2 enactments
Accused No.4
State of Andhra Pradesh
K. Suresh Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
