Andhra Pradesh High Court - Amravati
Jagal Kishore Mantry Jugal Kishore ... vs The State Of Andhra Pradesh on 12 September, 2022
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HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
CRIMINAL PETITION No. 6075 of 2022
ORDER:
This Criminal Petition is filed under Sections 437 & 439 of Criminal Procedure Code ('Cr.P.C.' in short), seeking bail, by the petitioner/A-1, in Crime No.100 of 2022 of Government Railway Police Station, Vijayawada, registered for the offence punishable under Sections 8(c) r/w. 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The case of the prosecution, in brief, is that on 15.04.2022 on credible information regarding illegal transportation of Ganja, the Inspector of Police, Government Railway Police Station, Vijayawada along with staff and mediators reached platform Nos.8&9 north end of Vijayawada Railway station and found the petitioner/A-1 in possession of 20 Kgs. at platform No.8 and A-2 in possession of 22 Kgs. of Ganja at platform No.9 and they confessed that they are indulging in sale of Ganja for easy money. The police seized the contraband in the presence of mediators and registered the above crime.
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3. Heard Sri Kakumanu Joji Amrutha Raju, learned counsel for the petitioner/A-1, and Sri Sravan Kumar Naidana, learned Special Assistant Public Prosecutor for the respondent-State.
4. Sri Kakumanu Joji Amrutha Raju, learned counsel for the petitioner/A-1, would submit that, earlier, the petitioner filed Crl.M.P.No.675 of 2022 for grant of bail and the same was dismissed by the learned Special Judge on 08.06.2022 on the ground that the contraband involved in this case is of commercial quantity.
He would further submit that the mediators report clearly shows that the quantity of contraband seized from the petitioner is 20 Kgs., whereas it was 22 Kgs. from the possession of A-2 , but the police clubbed both of them only to make it a commercial quantity to deny grant of bail to the petitioner.
He would further submit that the petitioner has been languishing in jail since 15.04.2022.
He would further submit that there are no prior criminal antecedents against the petitioner and he is the sole bread winner of his entire family. Hence prayed for grant of bail.
5. On the other hand, Sri Sravan Kumar Naidana, learned Special Assistant Public Prosecutor, would submit that though 20 Kgs. & 22 3 Kgs. of contraband was seized from the petitioner and A-2 respectively, they both are friends and hence the contraband seized from them is commercial quantity and thus Section 37 of the Act would come into play.
The learned Special Assistant Public Prosecutor would further submit that investigation is in progress and if the petitioner is granted bail he may not cooperate with the investigation and would conceal himself from the police.
The learned Special Assistant Public Prosecutor would further contend that the co-accused/A3 and A4 are yet to be arrested and though there are no antecedents against the petitioner, if the petitioner is granted bail, he may not cooperate with the investigation.
On the above contentions, the learned Special Assistant Public Prosecutor opposed the bail application and prayed to dismiss the petition.
6. Perused the mediators' report. The contents of it show that 20 Kgs.of Ganja was seized from the possession of the petitioner/A-1, whereas 22 Kgs. of Ganja was seized from the possession of A-2 and thus the contraband seized from the petitioner/A-1 can be said to be of 4 non-commercial quantity. The petitioner has been in jail since 15.04.2022. Substantial part of the investigation is completed.
7. In view of the above, keeping in view the period of custody of the petitioner and since the contraband alleged to have been seized from the petitioner is of non-commercial quantity and as substantial part of the investigation is completed and as there are no antecedents against the petitioner, this Court is inclined to grant bail to the petitioner, however, keeping in view the apprehension of the learned Special Assistant Public Prosecutor, on the following conditions.
(i) The petitioner/A-1 shall be released on bail on his executing self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties (one local surety and one surety of his native place) for a like sum each to the satisfaction of the VII Additional Munsif Magistrate for Railways, Vijayawada.
(ii) The petitioner shall appear before the Station House Officer, Government Railway Police Station, Vijayawada twice in a month i.e. on every 2nd and 4th Saturday between 11.00 a.m. and 3.00 p.m. till filing of charge sheet and thereafter once in a month till completion of trial;
(iii) The petitioner shall not directly or indirectly contact the complainant or any other witnesses under any circumstances and any 5 such attempt shall be construed as an attempt of influencing the witnesses and shall co-operate with the process of investigation.
(iv) Any infraction of the above conditions would entail cancellation of bail and the prosecution is at liberty to file application seeking cancellation of bail.
It is made clear that this order does not, in any manner, limit or restrict the rights of the police or the investigating agency from further investigation as per law and the findings in this order be construed as expression of opinion only for the limited purpose of considering bail in the above criminal petition and shall not have any bearing in any other proceeding.
Accordingly, the Criminal Petition is allowed. As a sequel, pending miscellaneous petitions shall stand closed.
________________________________ JUSTICE RAVI CHEEMALAPATI Dated: 12.09.2022.
RR 6 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ALLOWED CRIMINAL PETITION NO.6075 of 2002 Date : 12.09.2022 RR