Andhra Pradesh High Court - Amravati
Sandeep Kumar Sahini Sandeep Kumar, vs State on 29 October, 2021
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION NO.5405 of 2021
ORDER:-
This 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/A-1 and A-2 in connection with Crime No.46 of 2021 of the Station House Officer, Parvathipuram Rural Police Station, Vizianagaram District wherein the petitioners are alleged to have committed the offence punishable under Section 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").
2. The case of prosecution is that on 21.03.2021 the Sub Inspector of Police, Parvathipuram Rural Police Station arrested the petitioners while they were found transporting 800 KGs of ganja in Eicher van bearing No.AP 12 N 1905 belongs to 1st petitioner from Paderu Agency of Andhra Pradesh for selling the same at Bihar State for higher price. Hence, present crime was registered.
3. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioners submits that petitioners are falsely implicated in the case. He submits that petitioners are languishing in jail from 22.03.2021. Though statutory period of 180 days has been lapsed, the prosecution did not file charge sheet. Hence, petitioners are entitled for statutory bail.
5. Learned Assistant Public Prosecutor does not dispute the fact that police failed to file charge sheet though 180 days elapsed. He 2 submits that investigation is still pending and further 800 KGs of ganja is seized in this case which is a commercial quantity. He further submits that petitioners belong to Bihar State. At this stage, if the petitioners are enlarged on bail, it is very difficult for the prosecution to secure their presence during the course of trial.
6. Taking into consideration the fact that statutory period of 180 days lapsed, police failed to file charge sheet and further petitioners are languishing in jail from 22.03.2021, petitioners are entitled for default bail. However, on certain conditions.
7. Accordingly, the Criminal Petition is allowed. The petitioners/A-1 and A-2 shall be enlarged on bail in connection with Crime No.46 of 2021 of the Station House Officer, Parvathipuram Rural Police Station, Vizianagaram District, on their executing self bonds for Rs.1,00,000/- (Rupees one lakh only) each with two sureties for a like sum each to the satisfaction of the Court of Judicial First Class Magistrate, Parvathipuram, Vizianagaram District. On such release, the petitioners shall not leave the State and they shall appear before the Station House Officer, Parvathipuram Rural Police Station, Vizianagaram District, once in a week i.e. on every Saturday between 10.00 AM and 1.00 PM, till completion of trial.
Consequently, miscellaneous applications pending, if any, shall stand closed.
_____________________ JUSTICE D.RAMESH Date: 29.10.2021 KA 3 THE HON'BLE SRI JUSTICE D.RAMESH (Allowed) CRIMINAL PETITION No. 5405 of 2021 Date: 29.10.2021 KA