In a public prosecution under the NDPS Act, the High Court dismissed the bail application of Accused No.3. The Court held that the seizure of narcotics and the accused's presence in the vehicle refuted the claim of false implication, especially since a prior bail application had been rejected without change of circumstances.
Bail application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.11722 OF 2017
ORDER :
This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused No.3 for grant of bail in connection with Crime No.40 of 2017 of Chinturu Police Station, East Godavari District, registered for the offence punishable under Section 8 (c) read with 20 (b) (ii) (C) of Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Heard learned counsel for the petitioner/accused No.3, learned Additional Public Prosecutor representing the respondent-State and perused the record.
3. Learned counsel for the petitioner would submit that the petitioner is an innocent person and is falsely implicated in this case.
4. The learned Additional Public Prosecutor opposed the grant of bail to the petitioner/accused No.3.
5. As per the material on record, on 05.05.2017, 400 Kgs. of ganja was seized from the lorry bearing registration No.AP-07-T-9738 under a cover of panchanama, after complying with the due procedure of law. The petitioner was also found in the said lorry. Therefore, it cannot be said that a false case is foisted against the petitioner. The earlier bail application of the petitioner was dismissed by this Court vide order, dated 26.07.2017, in Crl.P.No.6008 of 2017. There are no change of circumstances.
6. Therefore, this Criminal Petition is also dismissed.
Dr. SHAMEEM AKTHER, J
December 05, 2017 MD
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION No.11722 OF 2017
December 05, 2017
MD
1 issue framed by the court
Whether bail should be granted to the accused falsely implicated in the case.
2 provisions across 2 enactments
Petitioner/Accused No.3
Respondent-State
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
