Andhra Pradesh High Court - Amravati
Ajay Prakash Dubey vs The State Of Andhra Pradesh, on 17 December, 2020
[3240] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI _ THURSDAY, THE SEVENTEENTH DAY OF DECEMBER, TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 5705 OF 2020 Between: Ajay Prakash Dubey, S/o Sriram Dubey, Age about 37, Lorry Driver, Shikharpur Village, Shouliganga Police Station, Collage Squar Post, Cuttuck District, Odhisa State. . .Petitioner/Accused-3 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ...Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in the Criminal Petition, the High Court may be pleased to release the petitioners on bail in Cr.No.56 of 2020 of Koyyuru(Circle) Police Station, Visakhapatnam District on the file The Additional District and Sessions Judge- Cum- Special Judge for Trail of Narcotic Drugs and psychotropic Substance Act- Case At Visakhapatnam. 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 M/s. Kakumanu Joji Amrutha Raju, Advocate for the Petitioner and of Public Prosecutor for the Respondent, the Court made the following. ORDER
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.5705 of 2020 ORDER:-
This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.)) to grant regular bail to the petitioner/A-3 in connection with Crime No.56 of 2020 of Koyyuru (Circle) Police Station, Visakhapatnam District, for the offence punishable under Section 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 09.06.2020 at about 13-00 hours on credible information about the illegal transportation of ganja, the Sub Inspector of Police, Koyyuru Police Station along with his staff and mediators reached Downuru junction main road and while conducting vehicle check, they found one lorry bearing registration No.AP 37 TD 6839 and on seeing the police, they stopped the vehicle at some reasonable distance and tried to escape from the spot. The police apprehended them and found 1010 KGs of ganja in the vehicle and seized the same. The accused was remanded to judicial custody on the same day.
3. Heard Sri Kakumanu Joji Amrutha Raju, learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner/A-3 submits that the petitioner is languishing in jail from 09.06.2020 and he has nothing at
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To, 1 to do with the alleged offence and he has been falsely implicated in the case.
5. The learned Additional Public Prosecutor submits that the entire investigation is completed and awaiting for RFSL report. Further the petitioner belongs to Odisha state and huge quantity of contraband is seized from the possession of the petitioner along with other accused.
6. Though the contraband seized is a huge quantity of 1010 KGs, as the investigation is completed and the petitioner is languishing in jail from 09.06.2020, this Court is inclined to grant bail to the petitioner. However, on certain conditions as the petitioner belongs to Odisha State.
7. Accordingly, this Criminal Petition is allowed. The petitioner/ A-3 shall be enlarged on bail on execution of self bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Chintapalli. The petitioner shall appear before Koyyuru NO (Circle) Police Station, Visakhapatnam once in a week i.e. on Saturday between 10:00 A.M. and 1:00 P.M. till trial is completed. Consequently, miscellaneous applications pending, if any, shall stand closed.
[TRUE COPY// . The Court of Judicial Magistrate of First Class, Chintapalli. | The Additional District and Sessions Judge- Cum- Special Judge for Trail of Narcotic Drugs and psychotropic Substance Act- Case At Visakhapatnam. The Superintendent, Central Prison, Visakhapatnam. The Station House Officer, Koyyuru(Circle) Police Station, Visakhapatnam District One CC to Sri Kakumanu Joji Amrutha Raju, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of Andhra Pradesh. [OUT] One spare copy For ASSISTANT REGISTRAR HIGH COURT LKJ DATED: 17/12/2020 ORDER CRLP.No.5705 of 2020 DIRECTION w Ole: pe rt Se ATOMS tee me pe ttege rent ene
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