This order dismisses a bail petition filed under Section 439 CrPC by Accused No.2 in a drug case. The court, noting a seized quantity of 201.35 kg of ganja as commercial, held that the case is not a fit one for bail release.
Application for bail dismissed as the case is not a fit case for release.
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THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER
Cr im in al Pet it ion No.9 1 4 5 of 2 0 1 8
ORDER :
This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ accused No.2 for grant of bail in F.No.DRI/ HZU/ VJRU/ 48/ ENQ-03/ 2017 on the file of Directorate of Revenue Intelligence, Regional Unit, Vijayawada, Andhra Pradesh, registered for the offences punishable under Sections 20, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2 . Heard both sides. Perused the record.
3 . The learned counsel for the petitioner/ accused No.2 would submit that the petitioner/ accused No.2 is an innocent person and falsely implicated in this case. There is nothing to connect the petitioner/ accused No.2 with the alleged offences and ultimately prayed to allow the application.
4 . On the other hand, the learned Special Public Prosecutor representing the 2nd respondent-Directorate of Revenue Intelligence, Regional Unit, Vijayawada, Andhra Pradesh opposed the grant of bail to the petitioner/ accused No.2 stating that there is ample evidence on record to believe the version of prosecution and that the petitioner/ accused No.2 is not entitled for bail.
5 . The quantity of ganja seized in this case is 201.35 Kilograms. It is a commercial quantity. There is noting to hold that the petitioner/ accused No.2 is falsely implicated in this case.
2
Further, it cannot be held that the petitioner/ accused No.2 would not commit similar offence/ s in the event of granting bail to him. The gravity of offences is high. It is not a fit case to allow this application.
Miscellaneous petitions, if any, pending in this Criminal
Petition, shall stand closed.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J
22nd October, 2018 Bvv
2 issues framed by the court
Whether bail should be granted to accused No.2 charged with offences under the NDPS Act involving a commercial quantity of ganja.
Whether the evidence establishes the petitioner's connection with the alleged offences barring bail relief.
2 provisions across 2 enactments
Accused No.2
Directorate of Revenue Intelligence, Regional Unit, Vijayawada, Andhra Pradesh
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
