Dismissed

Pangi Venkata Rao v. the State of Andhra Pradesh

Andhra Pradesh HC24 Aug 2023CRLP/5999/2023

Case brief

AI extract

What is this about?

High Court dismissed a bail petition under Sections 437 and 439 Cr.P.C. The accused, involved in transporting 91.540 Kgs of ganja under NDPS Act, argued for release. The Court refused bail due to the large quantity of contraband and the petitioner's prior criminal record.

What did the court decide?

Bail petition dismissed; Accused ordered not to be enlarged on bail at this stage.

Pangi Venkata Rao Vs the State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2023)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH ::^AMARAVATI

¶2

THURSDAY ,THE TWENTY FOURTH DAY OF AUG :. ;, ;.
TWO THOUSAND AND TWENTY THREE , 'j -. '"" "
PRESENT .-

¶3

THE HONOURABLE SRI JUSTICE K SURESH^{REDDY` ,}

¶4

CRIMINAL PETITION NO: 5999 OF 2023

¶5

Between:

¶6

Pangi Venkata Rao, S/o.(Late) Musalayya, aged 36 years, Rio. Vakapallii Village, Murmuthy Panchayat, G. Madugula Mandal, Anakapalli District, Erst While, Visakhapatnam District, A.P.

¶7

...Petitioner/Accused

¶8

AND

¶9

The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh, Amaravathi.

¶10

...RespondentlComplainant

¶11

Petition under Section 437 & 439 of Cr.P.0 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased To enlarge petitioner/accused No.3 in Crime No.144/2021 u/s 8 (C) r/w 20(b) (ii)(C) of NDPS Act, 1985 of Pithapuram Town, P.S. dated 01-07-2021.

¶12

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

¶13

The Court made the following: ORDER

¶14

HON'BLE SRI JUSTICE K. SURESH REDDY

¶15

CRIMINAL PETITION No.5999 of 2023

¶16

ORDER:

¶17

Accused No.3 in Cr.No.144 of 2021 of Pithapuram Town Police Station, East Godavari District, filed the present Criminal Petition, under Sections 437 and 439 of Cr.P.C., seeking to release him on bail. 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.

¶18

Brief facts of the case are that, on 01.07.2021 at about 12.15 p.m., on receipt of the credible information about the transportation of ganja, the SubInspector of Police, Pithapuram Town PS, along with staff and mediators, apprehended the Accused Nos.1 &t 2, on NH 16 road at Mortha Bus shelter near Y.Junction, Gollaprolu road of Pithapuram, who were found transporting 91.540 Kgs. of Ganja in a car bearing No.AP 31 AQ 0101. After conducting panchanama and after seizing the contraband, the Sub Inspector of police arrested Accused Nos.1 and 2, who were remanded to judicial custody subsequently. During the course of investigation, the arrested accused confessed stating that the petitioner/A.3 supplied the said ganja to them and he also arranged his car for transporting the ganja. On the basis of the said confession, the petitioner was arrested on 09.03.2023 and he was remanded to judicial custody on 10.03.2023.

¶19

Learned counsel for the petitioner contends that no contraband was seized from the possession of the petitioner and he came to be implicated only on the basis

¶20

of the confession made by^{AccusedNos.1&2andas such,herequests thisCourtto} enlarge the petitioner on bail.

¶21

On the other hand, learned Assistant Public^{Prosecutor,opposedthebail} application stating that the contraband seized^fromA.1 A.2 is 91.540 Kgs. of ganja, which is a commercial quantity. He further contends^{thatthepetitioneristheowner} of the car bearing No.AP 31 AQ 0101 and it is the^{petitioner,who suppliedtheganja} and arranged his car to transport the ganja.^{Hefurthercontendsthatthepetitioner} also involved in similar crimes previously,^which are^{subjectmattersofCr.Nos.260} and 270 of 2021 of Payakaraopet PS and requests this Court^{todismissthecriminal} petition.

¶22

This Court perused the entire material on record. In view of the fact that the total contraband involved in the present crime is 91.540 Kgs and as the petitioner himself also previously involved in similar crimes, this Court is not inclined to grant bail to the petitioner/A.3 at this stage.

¶23

Accordingly, the criminal petition is dismissed.

¶24

SD!- M SRINIVAS ASSISTANT REGISTRAR

//TRUE COPY//

"SECTION OFFICER

To,

The I Additional District Sessions Judge, East Godavari at

¶29

Rajamahendravaram.

¶30

1. The Station House Officer, Pithapuram Police Station, East Godavari District. 3. The Superintendent, Central Prison, Rajamahendravaram, East Godavari District.

¶31

Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT]

¶32

One CC to Sri Srinivasulu P, Advocate [OPUC]

¶33

Three CD Copies

sree

HIGH COURT

DATED:24/0812023

ORDER

CRLP.No.5999 of 2023

DISMISSING THE CRIMINAL PETITION y7 1~~

Pangi Venkata Rao v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Pangi Venkata Rao v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Atchhnala Seshagiri Vs the State of Andhra Pradesh

Golli Applanaidu at Naidu, Vs State of Andhra Pradesh

Serakanam Ramakrishna Vs the State

Cheepurupalli Simhachalam Naidu Vs the State of Andhra Pradesh

Pallela Lova Raju Vs the State of Andhra Pradesh

Bola Raju Kumar Vs the State of Andhra Pradesh