SARITHALA BABA JAAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed under Ss. 437 and 439 of Code of the Criminal Procedure, 1973 (for short "Cr.P.C.') to grant regular bail to the petitioner/A-8 in connection with NCBF No.48/1/3/2018 Hyd Sub-Zone on the file of Narcotics Control Bureau (NCB), Hyderabad Sub-Zone for the offence punishable under Sec. Sec. 8(c) r/w 20(b)(ii)(C), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").

(2.) The case of prosecution is that on 12/6/2018 on credible information about the illegal transportation of ganja, the police while conducting vehicle check at Lenora Dental College, NH-16 road, Rajamahendravaram, found one Bolero vehicle bearing registration No.AP 07 AE 4977 coming towards Vijayawada and the police stopped the said vehicle. The police also found two lorries bearing registration Nos.AP 05 W 5379 and AP 31 TT 2616 coming on the same direction and the police stopped the two lorries and on checking all the three vehicles, the police found 750 KGs of contraband in each of the lorry and 30 KGs in the Bolero vehicle. Basing on the same, the present crime is registered. The petitioner who is A-8 was apprehended along with others and was remanded to judicial custody.

(3.) The learned counsel for the petitioner submits that earlier the petitioner has moved Crl.P.No.2218 of 2019 which was dismissed as withdrawn. Again he filed Crl.P.No.5753 of 2019 and the same is pending. He submits that as the earlier counsel in the bail petition has given no objection, the present counsel has filed this present petition. Earlier also, pending this application, he has moved another bail application which was dismissed by this Court. Learned counsel further submits that accused No.6 moved this Court by filing Crl.P.No.1317 of 2019 before this Court seeking bail and bail was granted by this Court vide order dtd. 1/4/2019. He submits that this case is also stands on the same footing as that of accused No.6, as such, the petitioner is entitled for bail.