CHILAKA CHANDRAMOULI REDDY Vs. SENIOR INTELLIGENCE OFFICER

JUDGEMENT

(1.) Since, both the Criminal Petitions are filed, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, seeking to enlarge the petitioners-A-1 and A-2, on bail in NDPS S.C.No.51 of 2021 on the file of the Metropolitan Sessions Judge, Nampally, Hyderabad, arising out of F.No.DRI/HZU/48B/ENQ-86(INT-60)/2020 on the file of the Directorate of Revenue Intelligence, Hyderabad Zonal Unit, which was registered for the offences punishable under Sections 20, 28 and 29 of the N.D.P.S. Act, they are being disposed of by way of this common order.

(2.) A charge sheet came to be filed against the petitioners for the offences punishable under Sections 20, 28 and 29 of the N.D.P.S. Act, 1985. A-1, who is the petitioner in Crl.P.No.3082 of 2021 was arrested on 14.08.2020, whereas A-2, who is the petitioner in Crl.P.No.3011 of 2021 was arrested on 29.10.2020 and since then they are in jail.

(3.) The case of the prosecution, in brief, is that on receipt of credible information, on 14.08.2020 at about 00.45 hours, the D.R.I. Officers, intercepted the Eicher Truck bearing registration No.AP-26- TD-0520 beside Ananthula Ram Reddy Gardens, Nalgole, Hyderabad, being driven by A-1 on the instructions of A-2. On search, 496 HDPE packages were found with net weight of 1050 Kgs. of Ganja valued at Rs.2,62,50,000/-, which was secured in 39 HDPE drums. After following the due procedure, the D.R.I. officials, seized the vehicle and contraband (Ganja) under a cover of panchanama and also recorded the statements of A-1 under Section 67 of the N.D.P.S. Act and arrested him on 14.08.2020 and remanded to judicial custody. A-1, in his voluntary statement, confessed his guilt of illicit transport of Ganja on the instructions of A-2, who is the owner of the said vehicle. Therefore, summons were issued to A-2, his voluntary statement was recorded as per the procedure and on his admission that he was the owner of the said vehicle and A-1 transported the Ganja on his instructions, he was arrested on 29.10.2020. After completion of investigation, the D.R.I. officials filed a final report/complaint, wherein the details of the criminal conspiracy so hatched and executed by the petitioners are mentioned, which are as under:-