SYED IRSHAD HUSSAIN Vs. STATE OF A P

JUDGEMENT

(1.) These petitions are filed under Sections 437 and 439 of Criminal Procedure Code (for short "Cr.P.C.") by accused Nos. 4 & 6 in Crime No.31 of 2017 of Rajanagaram Police Station, East Godavari District registered for the offences punishable under Section 8 (C) read with 20 (b) (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act), to enlarge them on bail in connection with the above crime as they are in judicial custody since 16.2.2017.

(2.) The case of the prosecution, in brief, is that petitioners/A4 & A6 herein along with others were found transporting 440 Kgs of Ganja in 220 packets worth Rs.22,00,000/- on Ashok Leyland Van bearing No. OD 30-3198 from Balimela to Rajahmundry and during vehicle check, 220 packets of Ganja was found in the body of the lorry in 22 bags in the middle of paddy bags. After following the necessary procedure, police seized the contraband after drawing samples therefrom under the cover of mediators report, arrested the accused and remanded them to judicial custody.

(3.) Learned counsel appearing for petitioners contended that the petitioners did commit no offence and they were falsely implicated by the police on the confession of other accused. The petitioner/A4 was neither travelling nor connected with the alleged Ashok Leyland vehicle from which the Ganja Packets were recovered. Learned counsel also contended that both the petitioners are residents of Hyderabad went to Rajahmundray in connection with property transaction but they were implicated falsely based on the confession of other accused. The petitioner/A4 is running the institution by name Mumin Educational Society and whereas the other petitioner/A6 is a student completed B.Tech and planned to go abroad for prosecuting higher studies. Certain material was produced to prove that the petitioner/A6 completed his B.Tech and petitioner/A4 running educational institution and that the petitioners did commit no offence and thereby there is no possibility of committing similar offence and prayed to enlarge the petitioners/A4 & A6 on bail.