Andhra Pradesh High Court - Amravati
N S Kumar vs Union Of India on 31 August, 2020
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.3212 of 2020
ORDER:-
This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioners/A-1 and A-2 in connection with Crime No. NCB F.No.48/1/4/2018/HYD/SUB-ZONE on the file of Narcotics Control Bureau, Hyderabad Sub-Zone for the offence punishable under Section 8(c) r/w 20(b)(ii)(C), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
2. The case of prosecution is that on 21.06.2018 on receipt of reliable information about illegal transportation of ganja, during vehicle checking near GSL Medical College, NH-16, the police stopped the lorry bearing No.AP 07 TU 7394 and on checking the said lorry, they found 526.6 KGs of ganja in the lorry. Thereupon, a complaint was lodged and registered as N.S.C.No.188 of 2018 before the District and Sessions Court, Rajahmundry.
3. Heard Sri Medapati Santhosh Reddy, learned counsel for the petitioners and the learned Special Public Prosecutor for NCB.
4. The learned counsel for the petitioners submits that the petitioners were in jail from 17.06.2018. Earlier A-2 has moved Crl.P.No.5652 of 2019 which was disposed of on 01.11.2019 wherein the learned Judge having observed that the contraband that is seized is commercial quantity and held that he is not entitled for bail at 2 that stage. However, it was submitted that the bail application was filed by A-2, and that for the last two years the trial has not yet commenced and there is no progress and since more than one year they were languishing in jail. It was observed by the Court that even the trial schedule gets cancelled for non availability of the witnesses, the petitioner may renew his request for bail. Learned counsel for the petitioners submits that the respondents are not proceeding with the trial and they have been lodged in Central Prison, Rajamahendravaram where there are several prisoners affected with Covid-19. Hence, they seek interim bail till curtailment of the Covid-19.
5. Per contra, the learned Special Counsel submits that the accused are going to proceed with the trial and in fact in another matter, this Court directed the Court below to complete the trial within six (6) months and trial has already commenced in that case.
6. However, taking into consideration the fact that the contraband seized is 526.6 KGs and prima facie this Court feels that there is enough material placed on record connecting the petitioners to the said crime. In view of the same, this Court is not inclined to consider the bail application as there is a clear bar under Section 37 of the NDPS Act. However, as the petitioners are languishing in jail since long time, this Court directs the Court below to complete the trial through video-conferencing within six (6) months from today.
7. Accordingly, the Criminal Petition is disposed of. 3
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date: 31.08.2020 KA 4 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.3212 of 2020 31.08.2020 KA