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2025 DAILYLAW 34192 (AP)

RAJESH THADATHIL KRISHNAN @ RAJESH T K v. THE STATE OF ANDHRA PRADESH

CRLP/8406/2024 · 2025-01-03

K Suresh Reddy

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Judgment text

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APHC010523282024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] FRIDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 8406/2024 Between: 1. RAJESH THADATHIL KRISHNAN @ RAJESH T K, S/O KRISHNAN, A/47, KOMBODINJAL VILLAGE, PANIKAKUDY POST, IDUKKI DISTRICT, KERALA STATE, AADHAR 2628 4688 0976. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by SHO, Kirlampudi Police Station East Godavari District, through Public Prosecutor, High Court of Andhra Pradesh, Amaravati ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KOTHA VEERA NAGA PALLAVI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following order :- A.1 in Crime No.182 of 2024 of Kirlampudi Police Station filed the present application under Section 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking his release on bail. The said crime was registered for the offence under Section. 8(c) read with 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of prosecution is that on 29.08.2024 at about 4.00 P.M., the Sub Inspector of police, Kirlampudi Police Station apprehended A.2 to A.4 while they were transporting 84.66 kgs of 2 Ganja in 43 packets in a tanker lorry bearing No.KA 01 AM 3279. After seeing the police, A.1 absconded from the scene of offence. Thereafter, the S.I of police conducted panchanama and seized the contraband and arrested A.2 to A.4 who were remanded to judicial custody thereafter. Subsequently, the petitioner/A.1 was arrested on 02.09.2024. 3. Learned counsel for the petitioner contends that no contraband was seized from the possession of the petitioner and he came to be implicated in the case on the confession of A.2 to A.4. As such, she requests this Court to enlarge the petitioner on bail. 4. On the other hand, learned Additional Public Prosecutor opposed the bail application contending that the contraband involved in this case is 84.66 kgs Ganja which is a commercial quantity. He further contended that previously also, the petitioner was involved in Crime No.91 of 2016 of Butchayapalem Police Station and Crime No.221 of 2018 of Dowleswara Police Station. 5. This court perused the material on record. 6. In view of the above facts and circumstances, as the petitioner was involved previously also in similar crimes and as the contraband involved in the present crime is a commercial quantity, this Court is not inclined to grant bail to the petitioner at this stage. 7. Accordingly, the Criminal Petition is dismissed. As a sequel, miscellaneous applications pending, if any, shall stand closed. ____ K.SURESH REDDY, J Dt. 03.01.2025 SAB / TSNR 3 43 THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION No.8406 OF 2024 Dt. 03.01.2025 SAB / TSNR