PRASENJIT BISWAS Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioners/accused Nos.1 and 2 filed the present application under Sections 437 and 439 of Criminal Procedure Code, seeking to grant bail to them in N.CBF No.48/1/7/2018/NCB/SUB-ZONE/HYD of Narcotics Control Bureau, Hyderabad Sub-Zone, which was registered for the offences punishable under Sections 8 (c) read with 20 (b), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act").

(2.) The case of the prosecution is that on 27.09.2018 at about 6.45 P.M., a team of Narcotics Control Bureau, Hyderabad Sub-Zone along with panch witnesses, mounted surveillance at Duddeda tollgate near Siddipet for observation of the vehicles movement and at about 7.45 P.M., one TATA vehicle bearing No. AP 05 TM 0931 reached at Duddeda Tollgate. On seeing the NCB officials, the driver did not stop the vehicle and drove it in a rash and negligent manner without paying toll fee. With the assistance of Ramayampet Police, the said vehicle was intercepted at D.Dharmaram Cross Road, Ramayampet, and found the petitioners sitting in the said vehicle. On enquiry, they confessed that they are transporting the Ganja and they voluntarily took out 94 packets containing 473.5 K.Gs. of Ganja from the roof of the carrier of the vehicle. After following the due procedure, the officials seized the said Ganja under a cover of panchanama. Basing on the search and seizure, the above case came to be registered.

(3.) Heard learned Counsel for the petitioners and learned Special Public Prosecutor appearing for the respondent-State.