Andhra Pradesh High Court - Amravati
Adada Sivaji, vs The State Of Andhra Pradesh on 20 July, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.1371 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 petitioner/A.6 in connection with Crime No.42 of 2021 on the file of the Station House Officer, Patamata Police Station, Vijayawada, registered for the offence punishable under Sections 8(c) read with Section 20(b)(ii) (c), 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").
2. The case of prosecution is that on 09.01.2021, the police, on receipt of reliable information about the illegal transportation of ganja, rushed to Subham Kalyana Mandapam at Ramavarapadu Ring on NH-16, Vijayawada, and while conducting vehicle checking at about 7.30 a.m., they found a Eicher Van bearing registration No.AP 02 TB 3974 coming from Gannavaram proceeding towards Vijayawada, but the persons coming in the said vehicle, on seeing the police, tried to escape, but the police apprehended them and found 1000 Kgs of Ganja. Basing on the same, the present crime is registered against the petitioner.
3. Heard Sri G. Venkata Reddy, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that the contraband of 1000 kgs is recovered from the A.1 to A.3 initially on 2 09.01.2021, and as per the mediators report, A.3, who procured and purchased the entire contraband, and engaged A.1 & A.2 to transport the contraband. He submits that the petitioner's presence was not there on 09.01.2021 when the contraband was seized. He further submits that on 12.01.2021 only 4 kgs of contraband was seized from the possession of the petitioner. He further submits that the contraband which is seized from the petitioner is below the commercial quantity, and that the petitioner is languishing in jail since 12.01.2021, hence, the case of the petitioner may be considered for grant of bail.
5. On the other hand, learned Assistant Public Prosecutor submits that the entire investigation is completed and split charge sheet is filed on 05.07.2021. He further submits that the petitioner active involvement is there and there cannot be any apportionment of the contraband. He further submits though learned counsel for the petitioner submitted that only 4 kgs of contraband was recovered from the possession of the petitioner, but he is actively involved in the alleged offence. Hence, it cannot be said that 4 kgs of contraband recovered from the petitioner is below commercial quantity and that huge quantity of 1000 kgs is recovered in the said offence, hence, the petitioner is not entitled for grant of bail at this stage.
6. Taking into consideration the fact that petitioner is languishing in jail from 12.01.2021 and as the investigation is 3 completed, this Court deems it appropriate to grant bail to the petitioner, on certain conditions.
7. Accordingly, this Criminal Petition is allowed. The petitioner/A.6 shall be enlarged on bail in Crime No.42 of 2021 on the file of Station House Officer, Patamata Police Station,, on his executing self bond for Rs.10,00,000/- (Rupees Ten Lakhs only) with two sureties for a like sum each to the satisfaction of the Court of the IV Additional Chief Metropolitan Magistrate, Vijayawada. On such release, the petitioner/A.6 shall not leave the State and shall appear before the Station House Officer, Patamata Police Station, Vijayawada once in a week between 10.00 AM and 1.00 PM, till completion of trial.
___________________________ LALITHA KANNEGANTI, J Date:20-07-2021 Gvl 4 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI (Allowed) CRIMINAL PETITION No.1371 of 2021 20-07-2021 Gvl