BISMILLAH KHAN Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2019-9-47
HIGH COURT OF ANDHRA PRADESH
Decided on September 16,2019

BISMILLAH KHAN Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents




JUDGEMENT

U.Durga Prasad Rao, J. - (1.)The petitioner/A1 seeks regular bail in Crime No.10 of 2019 of Mothugudem Police Station, East Godavari District, registered for the offences under Sections 8(c) R/w. Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances, Act, 1985 (for short, 'NDPS Act').
(2.)The prosecution case briefly is that on 16.05.2019 on receiving credible information from S.I of Police, Mothugudem Police Station about transportation of cannabis (ganja), the Inspector of Police, Chinturu Circle, sent requisition to SDPO, Chinturu to accord permission to conduct raid and after obtaining proceedings, secured mediators and Forest Range Officer, who is a gazetted officer, and staff and went to bamboo depot, Mothugudem Village at about 1:00 P.M., and started vehicle checking. At that time, a car bearing Registration No.MH 27 AC 2646 came from Donkarai towards Lakkavaram Junction. On seeing police party, A1 and A2 got down and tried to sneak, but the Inspector of Police apprehended them, enquired about their identity and on their confessing about transporting ganja bags, which were placed in the back seat of the car and in the boot space, served notice on them under Section 50 of NDPS Act in the presence of mediators and the gazetted officer checked the car and found five ganja bags each weighing 30 Kgs totalling 150 Kgs and then lifted samples, seized the contraband, arrested A1 and A2 and prepared mediator's report and thereafter registered the crime.
(3.)Denying the offence, bail is pleaded for mainly on the submission that A1 has been in custody since 16.05.2019 and entire investigation is completed. It is further pleaded that the procedure contemplated under Section 42(1) of NDPS Act, has not been religiously followed in this case in as much as there is no mention in the mediator's report about the time of receipt of information to the S.I of Police about the illegal transportation of ganja and further there is no mention about recording of the receipt of information in the General Diary Register of the Police Station and thereby the entire search and seizure are vitiated. The petitioner, in support of his contention, relied upon the decisions of the Apex Court in State of Punjab v. Balbir Singh, 1994 3 SCC 299, Abdul Rashid Ibrahim Mansuri v. State of Gujarat, 2000 2 SCC 513 and State of West Bengal and others v. Babu Chakraborty, 2004 12 SCC 201.
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