PRADEEP MANGA RAJU Vs. STATE OF A.P.
HIGH COURT OF ANDHRA PRADESH
Pradeep Manga Raju
STATE OF A.P.
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D V S S Somayajulu, J. -
(1.)This criminal petition is filed under Sections 437 & 439 Cr.P.C., seeking bail to the petitioners/Accused Nos.1 and 2 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 accused are not guilty of the offence and that they have been illegally implicated in the case. It is also submitted that the accused have been arrested on 17.03.2019 and since then they are in custody. He relies upon the remand report dated 18.03.2019 which stated that investigation is still in progress. Learned counsel submits that more than 4 months have elapsed, but even now the accused are not being released on the ground that the investigation is in progress. Therefore, learned counsel submits that he prays for bail.
(3.)In reply to this, learned Public Prosecutor submits that A.1 and A.2 along with others are actively involved in this case. He says that 143 packets weighing 300 kgs of Ganja was found and that this is far above the commercial quantity. Therefore, learned counsel submits that the bar under Section 37 of the NDPS Act squarely applies and that the petitioners are not entitled to bail.
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