SARITHALA BABA JAAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed under Section 439 Cr.P.C to enlarge the petitioner/A-8 on bail in connection with Crime number NCB F. No. 48/1/3/2018/HYD/SUB-ZONE on the file of Narcotics Control Bureau, Hyderabad Sub-Zone for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act").

(2.) It is the case of the prosecution that on 12.06.2018, on receipt of reliable information about illegal transportation of Ganja, the respondent officers rushed to Lenora Dental College at Rajamundry and found a Bolero vehicle bearing registration No.AP 07 AE 4977 proceeding towards Vijayawada. The respondent officers intercepted the said vehicle and while checking the said vehicle, the respondent officers found two lorries bearing registration Nos. AP 05 W 5379 and AP 31 TT 2616 coming in the same direction and on that the respondent officer intercepted the vehicles and on checking the above two lorries and Bolero vehicle, they found 750 kgs of contraband in each of the lorry and 30 kgs in the Bolero vehicle and the same was seized on the same day in the presence of mediators and on the strength of the same, the respondents registered crime and issued F.I.R and investigating into it.

(3.) The main ground by the petitioner is that on perusal of the panchanama and remand report would show that A-1 allegedly purchased the contraband from a person by name Somoru of Chitragonda to deliver at Hyderabad as per the telephonic instructions of the said Somoru of Chitragonda. Thereafter, A-1 by offering Rs.1,00,000/- engaged A-2 for transportation and accordingly A-2 provided the seized two lorries and deputed A-4 and A-7 as lorry drivers and also deputed the petitioner and another to accompany the driver in a lorry bearing registration No. AP 37 TT 2616 by offering a meagre sum of Rs.15,000/- to A-2, who was engaged by A-1 in turn had engaged the petitioner to accompany the driver in the aforesaid lorry by offering a meagre sum of Rs.15,000/- for which the petitioner has agreed and thereby the role of the petitioner is minimal and consequently he cannot be charged with offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 28 and 29 of the NDPS Act. It is further contended that the petitioner filed a bail application in Crl.M.P.No.498 of 2018 in the court of 1st Addl. District and Sessions Judge, Rajamahendravaram, East Godavari which ended in dismissal and again filed bail application in Crl.P.No.2218 of 2019 before this Court and the same was dismissed as withdrawn by order dated 25.06.2019. A-6 also filed another application in Crl.P.No.1317 of 2019 before this Court and the same was allowed on 01.04.2019 and thus one of the accused was released on jail. The petitioner has been languishing in the prison. It shows that A-8 is only a person helping A-1 in transportation of Ganja on receipt of Rs.15,000/- and he cannot be saddled with criminal liability and requested to allow the petition and enlarge him on bail.