Dismissed

Yenneti Durga Prasad at Durga v. the State of Andhra Pradesh

Andhra Pradesh HC17 Aug 2023CRLP/5357/2023

Case brief

AI extract

What is this about?

In a bail petition under Sections 437 and 439 Cr.P.C., the High Court refused to release the petitioner accused in a crime involving 170 kgs of ganja. The court found the quantity to be commercial and held that the petitioner's knowledge and active participation in shifting the contraband precluded bail at this stage.

What did the court decide?

Criminal Petition No. 5357 of 2023 is dismissed; the petitioner is not released on bail.

Yenneti Durga Prasad at Durga Vs the State of Andhra… — Narcotics (NDPS) | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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THURSDAY ,THE SEVENTEENTH DAY OF AUGUST :%
TWO THOUSAND AND TWENTY THREE t ',
' b'
i
PRESENT
THE HONOURABLE SRI JUSTICE K SURESH REDDHONOURABLE SRI JUSTICE K SURESH REDDSRI JUSTICE K SURESH REDDJUSTICE K SURESH REDDK SURESH REDDSURESH REDDREDD . 3 3~''~

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THE HONOURABLE SRI JUSTICE K SURESH REDDHONOURABLE SRI JUSTICE K SURESH REDDSRI JUSTICE K SURESH REDDJUSTICE K SURESH REDDK SURESH REDDSURESH REDDREDD .

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CRIMINAL PETITION NO: 5357 OF 2023

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Between:

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Yenneti Durga Prasad @ Durga, S/o Ramana Aged 32 yrs, Tenukula, Opp., Mee Seva Centre, Kothuru Jn., Gundipala Panchayath, Golugonda Madal, Anakapalli. Dist.

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...Petitioner/Accused No.A-6

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AND

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The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati.

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...RespondentlComplainant

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Petition under Section 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 petitioner on bail in Crime No 77 of 2023 Bommuru police station U/s 8 w/r 20(b)(ii)(C) of the NDPS Act 1985.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri DR.MEDISI RATNA RAO ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.

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The Court made the following:

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HON'SLE SRI JUSTICE K.SURESH REDDY

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CRIMINAL PETITION. NO. 5357 OF 2023

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ORDER:-

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This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/Accused No.6, seeking regular bail in Crime No.77 of 2023 of Bommuru Police Station, East Godavari District.

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The above Crime was registered against the petitioner herein and others for the offence punishable under Section 8 (c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `the NDPS Act').

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Brief facts of the case are that on 19.03.2023 at about 05.00 p.m., on receipt of the credible information about illicit transportation of Ganja, the Sub-Inspector of Police, Bommuru Police Station along with staff and mediators found Accused Nos.1 to 6 at Diwancheruvu Village, Rajanagaram Mandal, while they were transporting 170.00Kgs of Ganja in a Bolero Pickup Van bearing No. AP16 TF 7557. When they allegedly shifting

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the said Ganja bags from Bolero Pickup Van to Chevrolet Cruze black colour Car bearing No. TN 11 T 4145, the Sub-Inspector of Police apprehended them. After conducting panchanama and after seizing the contraband, the Police arrested all the six (06) Accused, who were remanded to judicial custody.

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The learned counsel for the petitioner contends that the petitioner is a Broker and he used to purchase and sell the old vehicles. As he was in need of purchase of old Bolero vehicle, he went to the scene of offence and while he along with Accused Nos.1 to 5 were shifting the Ganja bags from Bolero vehicle to Chevrolet Cruze Car, the.. Police apprehended him. He further contended that so far as the purchasing and transporting of Ganja is concerned, he has nothing to do with the same. It is Accused Nos. 1 to 5, who purchased and transported the Ganja in Bolero Pickup Van. He only assisted the other Accused in shifting Ganja bags from Bolero Pickup Van to Chevrolet Cruze Car. Therefore, the learned counsel

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for the petitioner requested this Court to enlarge him on bail.

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On the other hand, the learned Special Assistant Public Prosecutor, on instructions, states that the contraband involved in the present Crime is 170.00Kgs of Ganja, which is a commercial quantity. Even according to the confession statement of the petitioner, he know the contents in the gunny bags, in which the Ganja is being transported. Having knowledge about the Ganja, the petitioner participated in shifting the Ganja bags from Bolero Pickup Van to Chevrolet Cruze Car. As such, the learned Special Assistant Public Prosecutor opposed the bail application

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This Court perused the entire material on record. 7. As the contraband involved in the present Crime is 170.00Kgs of Ganja, which is a commercial quantity and as the petitioner has knowledge about shifting of Ganja from one vehicle to another vehicle, this Court is not inclined to enlarge the petitioner/Accused No.6 on bail at

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this stage.

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Accordingly, the Criminal Petition^{is dismissed.}

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Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The I Additional Session Judge, East Godavari District. 2. The Station House Officer, Bommuru Police Station, East Godavari District. 3. One CC to Sri. Medisi Ratna Rao Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati.[OUT] 5. Three CD Copies vna S

HIGH COURT

DATED:17/08/2023

ORDER

CRLP.No.5357 of 2023

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DISMISSING THE CRIMINAL PETITION

Yenneti Durga Prasad at Durga v. the State of Andhra Pradesh

Case brief

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Yenneti Durga Prasad at Durga v. the State of Andhra Pradesh

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