GANESH LNAVEEN KUMAR Vs. STATE OF A. P.

JUDGEMENT

(1.) This Criminal Petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioners/A-1 and A-3 in connection with Crime No.300 of 2020 of Pamarru Police Station, Krishna District, registered for the offence punishable under Sections 269, 270, 273, 328 r/w 34 of Indian Penal Code, 1860 (for short IPC), Section 5(1) and 22 of Cigarettes and Other Tobacco Products Act, 2003 (for short COTP Act) and Section 20 (b) r/w Section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").

(2.) The case of the prosecution is that on credible information about illegal transportation of ganja and banned gutkha and khainee products, while the police were conducting vehicle check, they found two persons observing in lorry body by removing tar bench tied, on seeing the police, they tried to skulk away. But the police caught hold of A-2 to A-4 and A-4 confessed that on instructions of his owner i.e. A-3 received banned gutka, khainee and ganja from A-1 who is resident of Orissa State and he reached the scene of offence to hand over the same to A-2. While they were inspecting the stock, police came and caught them. On verifying the lorry they found four boxes along with gutka, khainee products, they have seized 2 KGs of ganja from their possession. A-2 and A-4 were arrested and remanded to judicial custody. Basing on the confession of A-2 and A-4, the petitioners are arrayed as accused.

(3.) Heard Sri S.M.Subhan, learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondentState.