RANJAN NAYAK Vs. STATE OF A.P.

JUDGEMENT

(1.) This criminal petition is filed under Sections 437 & 439 Cr.P.C., seeking bail to the petitioners/Accused Nos.3, 5, 6 and 7 in Cr.No.76 of 2019 on the file of Anandapuram Police Station, Visakhapatnam. The accused are charged of an offence under Section 20(b) & (c) of the NDPS Act.

(2.) Learned counsel for the petitioners submits that the petitioners in this case are merely engaged as coolies and drivers and that they are not at all actively involved in the commission of the offence. He also submits that the accused have been in custody since 17.03.2019 and that on the ground of submission that investigation is not yet completed, they cannot be detained. He submits that pre-trial incarceration has its own repercussions and that therefore, accused should be released on bail.

(3.) Learned Public Prosecutor on the other hand submits that it cannot be said that the accused in this case are driver and collies. He submits that a reading of the mediators report clearly shows that they were aware of the crime and that Ganja is being transported. He submits that huge quantity of 300 kgs of Ganja has been seized. He points out that A.3 (petitioner No.1) clearly stated that he was engaged for the purpose of transporting Ganja. Similarly, A.5 also states that he was aware that the Ganja is being purchased and it should be transported. Even in the statements of A.6 and A.7, it is clearly stated that for the purpose of loading Ganja they would be paid extra remuneration and then they consented for the same.