KOSU VENKANNA DORA Vs. STATE OF A.P., REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT HYDERABAD THROUGH STATION HOUSE OFFICER, KORUKONDA P.S., EAST GODAVARI DISTRICT

JUDGEMENT

(1.) This petition is filed under Sections 437 and 439 of Code Criminal Procedure to enlarge the petitioner-A4 on bail in Crime No.110 of 2016 of Korukonda Police Station, East Godavari District for the offences punishable under Sections 8(c) read with Sec. 20(b) (iii) of N.D.P.S.Act.

(2.) The case of the prosecution is that on 04.07.2016 at about 3.00 p.m. while the Inspector of Police, Korukonda Circle was in the office, he received credible information about the transportation of ganja through Special Branch, Dy. S.P. Rajamahendravaram Urban Police District and he informed the same to Dy.S.P. North Zone, Korukonda, obtained permission to conduct raid. He sent a requisition to Mandal Executive Magistrate, Korukonda to depute two V.R.Os. as mediators. He secured in-charge S.I., Head Constable and other police team, they travelled to the outskirts of Dosakayalapalli village of Korukonda Mandal. They proceeded to coconut, palm oil and lemon garden of one Bhanuraju master and parked their vehicles at the outskirts and entered into the garden at 4.00 p.m. and then noticed one car bearing No.AP-35-D-3337 and one motorcycle and found four persons in possession of four packets in their hands to load in the car dicky parked in the middle of the garden and when the four persons tried to abscond, they were apprehended, on interrogation they disclosed their identity and also confessed that they are loading ganja in the dicky and apart from ganja in their hands, some ganja is already loaded in the dicky, thereupon they seized 190 kgs. of ganja from their possession and lifted the samples for the purpose of chemical analysis by following the due procedure and on the strength of the same, the police registered a case in Crime No. 110 of 2016 of Korukonda Police Station, East Godavari District for the offences punishable under Sections 8(c) read with Sec. 20(b) (iii) of N.D.P.S. Act and issued F.I.R. on 04.07.2016.

(3.) The present petition is filed mainly on the ground that after apprehension of the accused and remanded to the judicial custody on 05.07.2016, the charge sheet was not filed within 180 days and thereby the accused is entitled to claim a statutory bail under Sec. 167(2) of Crimial P.C. But, strangely the court itself issued a memo to the investigating officer and they filed a memo on 29.12.2016 before the I Additional District and Sessions Judge, Rajamahendravaram for extention of one week time for compliance of objection and for filing charge sheet in view of the difficulty i.e. engaging in escort duty of Chief Minister on 29.12.2016 at Mori village of Razole Taluk and the I Additional District and Sessions Judge by order dated 29.12.2016 extended the remand till 05.01.2017.