Andhra Pradesh High Court - Amravati
Mylabathula Sudarjeeth, vs State Fo Andhra Pradesh, on 25 February, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI a THURSDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI - CRIMINAL PETITION NO: 1036 OF 2021 ;" Between: 1. Mylabathula Sudarjeeth, S/o Chittibabu, Aged about 23 years, Occ: Degree Student, R/o.D.No.2-20, Antarvedipalem(v), Sakinetipalli Mandal, East Godavari District. 2. Vallapti Premraju, S/o Jayaraju, Aged about 30 years, R/o D.No.1-5, Bobbaraipalli(v), Tunduru Post, Bheemavaram Mandal, W.G. District. 3. Pilli Narendera Babu, S/o Babu Rao, Age dabout 25 years, Occ: Car Driver, R/o Churchipeta, Rameswaram Village, Sakinetipalli(M), East Godavari District. ...PETITIONER/ACCUSED Nos.1 to 3 AND State of Andhra Pradesh, Rep by its Public Prosecutor, High court of A.P at Amaravathi, through P.S Dumbriguda Police Station, Visakhapatnam District. .. .RESPONDENT/COMPLAINANT Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to enlarge the petitioners/Accused 1 to 3 on bail in Crime FIR No.1/2021 on the file of the Dumbriguda Police Station, Visakhapatnam District. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri V.CH.Naidu, Advocate for the Petitioner and of Public Prosecutor for the Respondent, the Court made the following. ORDER:
HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.1036 of 2021 ORDER:
This Criminal 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/Al to A3 in connection with Crime No.1 of 2021 of Dumbriguda Police Station, Visakhapatnam District, registered for the offence punishable under Section &(c) r/w 2O(ii)(b)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").
2. The case of the prosecution is that on 02.01.2021, on receipt of credible information about the illegal transportation of Ganja, the Inspector of Police along with staff and mediators while conducting vehicle check at Kasturba High School, Dumbriguda at 10.30 hours, they found i20 Car bearing No.APO5 ET 2678 coming towards Dumbriguda side from Livitiputtu side and on seeing the police, the inmates of the car tried to escape, but the police caught hold of them and basing on their confession, the police recovered one packet of Ganja containing 1600 grams. The police seized the contraband, arrested the petitioners and remanded them to judicial custody.
3. Heard Sri V.Ch.Naidu, learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent-
State.
4. Learned counsel for the petitioners/ Al to A3 submits that the contraband seized from the petitioners/Al to A3 is only 1600 gms which is not a commercial quantity, as such there is no bar under Section 37 of the NDPS Act. He further submits 2 | that the petitioners are languishing in jail from 02.01.2021. Further the search and seizure were not conducted as per the provisions contemplated under the NDPS Act, as such the case of the petitioners may be considered to grant bail.
5S. On the other hand, learned Additional Public Prosecutor submits that investigation is pending and so far four witnesses were examined and at this Stage, if the petitioners are enlarged on bail, it is very difficult to secure their presence during the course of trial.
6, Taking into consideration the fact that the contraband seized from the petitioners is only 1600 grams which is not a commercial quantity and as there is no bar under Section 37 of the NDPS Act, this Court deems it appropriate to grant bail to the petitioners, on certain conditions.
7. Accordingly, this Criminal Petition is allowed. The petitioners/A1 to A3 shall be enlarged on bail on their executing self bonds for Rs.50,000/- (Rupees Fifty thousand only) each with two sureties for a like sum each to the satisfaction of the Court of the I Additional District and Sessions Judge - Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam. On such release, the petitioners shall appear before the Station House Officer, Dumbriguda Police Station, Visakhapatnam District once in a month between 10.00 AM and 1.00 PM, till completion of trial.
--_ NOAR WN Sd/- V.DIWAKAR ASSISTANT REGISTRAR TRUE COPY// we SECTION OFFICER The 1* Addl. District & Sessions Judge-Special Judge for trail of Offences Under NDPS Act, Visakhapatnam.
The Judicial First Class Magistrate, Araku, Visakhapatnam District. The Superintendent, Central Prison, Visakhapatnam. The Station House Officer, Dumbriguda Police Station, Visakhapatnam District.
One CC to Sri. V. CH.Naidu, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy.
HIGH COURT LK,J DATED:25/02/2021 ORDER CRLP.No.1036 of 2021 DIRECTION