Andhra Pradesh High Court – Amravati
SHAIK BAJI vs THE STATE OF ANDHRA PRADESH
BENCH – HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
CRIMINAL PETITION No. 2565 of 2023
DATE OF JUDGEMENT – 18 MAY 2023
FACTS
This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the Petitioner/A1, seeking regular bail, Ongole, Prakasam District A case has been registered against the Petitioner and others for the offence punishable under Section 8(c) r/w 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985
On 28.12.2022 at 02.45 p.m., on credible information, Enforcement Inspector, SEB Station, Ongole along with his staff and mediators while conducting raid in front of SKBS Sai A1 Convention Hall, located along side Guntur Road, found Petitioner and two others carrying 40 Kgs of Dry Ganja in an Auto. The contraband along with other material was seized under the cover of a mediators report and accused were remanded to judicial custody.
Learned Counsel for the Petitioner submits that the Petitioner was arrested on 28.12.2022 and remanded to judicial custody. Learned Counsel submits that major portion of the investigation is completed, except filing of the Charge Sheet.
Learned Counsel for the Respondent submits that the contraband that is seized from the Petitioner/Accused No.1 is about 40 KGs of Ganja and that the investigation is not yet completed.
JUDGEMENT
In this case having regard to the facts and circumstances of the case this court held that, since there are specific accusation levelled against the Petitioner that he is in possession of 40 Kgs of Ganja, which is a commercial quantity, and considering the stage of investigation, this Court was not inclined to grant bail to the Petitioner at this stage. Accordingly, the Criminal Petition is dismissed.
JUDGEMENT REVIEWED BY HARSHIT JAIN
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