Andhra Pradesh High Court - Amravati
Madhu Yanala Madhusudhan vs The State Of Andhra Pradesh on 2 March, 2022
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.1055 OF 2022
ORDER:-
This criminal petition is filed under Section 439 of the Code of Criminal Procedure, 1973, to enlarge the petitioner on bail.
2. The petitioner is A-5 in Crime No.537 of 2021 of Pattabhipuram Police Station, Guntur Urban District.
3. A case under Section 8(c), 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with 109 of the Indian Penal Code, 1860 was registered against him along with other accused.
4. Briefly stated, it is the case of the prosecution that when A-1 to A-4 were found illegally transporting 44.61 KGs of ganja, that they were apprehended by the police and the contraband was seized from their possession. After their arrest, during the course of investigation, it is stated that they disclosed that the petitioner herein has arranged the vehicle for transporting the said ganja to other accused and that he asked them to provide 8 KGs of ganja to him. Therefore, the petitioner is implicated as one of the accused in the above crime.
5. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
6. As can be seen from the facts of the case, the persons who are found to be in illegal possession of ganja are A-1 to A-4. It is only A-1 to A-4, who were apprehended by the police while they 2 were transporting ganja illegally and ganja was also seized from their possession only. The petitioner herein was not found to be in illegal possession of any ganja. He is not transporting any ganja. The only allegation made against the petitioner is that he arranged the vehicle to A-1 to A-4 to transport the said ganja and asked them to provide 8 KGs of ganja to him. Further A-1 to A-4 were already enlarged on bail. Therefore, in the facts and circumstances of the case, this Court is of the considered view that the petitioner herein is entitled to bail on certain conditions.
7. Resultantly, the Criminal Petition is allowed. The petitioner is ordered to be enlarged on bail on execution of self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a likesum each to the satisfaction of the learned I Additional Sessions Judge-cum-Special Judge for Trial of cases under Narcotic Drugs and Psychotropic Substances Act, Guntur, Guntur District. On his release, the petitioner shall report before the Station House officer of Pattabhipuram Police Station, once in a week on every Monday between 10.00 a.m. to 1.00 p.m. till the charge sheet is filed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date : 02.03.2022 KA 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.1055 OF 2022 Date : 02.03.2022 KA