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2024 (12) TMI 1040

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.... 1. This is the second Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the Petitioner/A.1, seeking regular bail in S.C. NDPS No.22 of 2023 of I Additional District and Sessions Judge, Eluru (for short, 'the trial Court') [Cr. No. VIII/10/2/2023-CD.KKD of Customs Division, Kakinada]. 2. The above crime was registered against the Petitioner and others for the offence pun....

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....hendraveram. Upon inspection, officers discovered 428.675 kilograms of Ganja concealed in 220 packets. During interrogation, the Petitioner and A.2 confessed to their involvement in Ganja's illicit dealings and admitted receiving instructions from Mukesh Tiwari. Based on the confessional statements of Petitioner and A.2, the customs officers seized the contraband and cargo vehicle, arrested th....

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....herefore, he respectfully prays for the grant of bail to the Petitioner. 5. Learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner. 6. I have heard both sides. Learned counsel on both sides reiterated their submissions on par with the contentions presented in the Petition and the report. Consequently, the contentions raised by learned counsel need not be repro....

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....e, the same contentions raised on behalf of the Petitioner and the findings of this Court do not need to be reiterated. 9. Where prima facie involvement of the Accused is apparent, the contentions raised regarding the contradictions in the charge sheet are required to be tested at the time of trial, but not at this stage. The period of incarceration by itself would not entitle the Petitioner/Accu....