Andhra Pradesh High Court - Amravati
Khatib Syed Kareemulla vs The State Of Andhra Pradesh, on 12 December, 2019
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
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THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Criminal Petition No. 7470 of 2019
ORDER :
This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') to enlarge the petitioners on bail.
02. The petitioners are A.1 and A.6 in Cr.No.401 of 2019 of Gooty Police Station, Ananthapuramu District.
03. The alleged offences against the petitioners are under Sections 420, 120(b) r/w 34 IPC and Section 8 (c) r/w 20 (b) (ii) (B) of NDPS Act and Section 8 (1) of A.P. Gaming Act ( Matka).
04. Briefly stated, it is the case of the prosecution that the petitioners along with other accused were found to be in illegal possession of 2 kgs of ganja and the same was seized from them when they were indulged in playing matka chits. Therefore, the petitioners have committed the aforesaid offences along with other accused.
05. Learned counsel for the petitioners would submit that total quantity that was found in illegal possession of all the nine accused is only 2 kgs, which is not a commercial quantity. Therefore, as the petitioners have been in judicial custody since 19.11.2019, he would pray for grant of bail to the petitioner. 2
06. Learned Additional Public Prosecutor opposed the criminal petition. He would submit that the petitioner No.1 is involved in another crime of similar nature, which shows that he is a habitual offender. He would further submit although the quantity of ganja involved in this only is only 2 kgs, having regard to the gravity of the offence as they were in illegal possession of ganja and also playing the matka chits and thereby committed the other offences and as the investigation in this case is pending, he would pray for dismissal of the Petition.
07. The record reveals that the petitioners along with other accused were found to be in illegal possession of 2 kgs of ganja. They are also found playing matka chits. In fact, the contract band was seized from them when they were playing the said matka chits. As per the submission of the learned Additional Public Prosecutor, petitioner No.1 is also involved in another crime of similar nature and the investigation is still pending. Therefore, having regard to the gravity of the offence and seriousness of the allegations made against the petitioners, this Court is of the considered view that the petitioners are not entitled to bail at this stage.
8. In the result, the Criminal Petition is dismissed.
____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Dt.12-12-2019 eha 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Criminal Petition No. 7470 of 2019 DT. 12-12-2019 eha