Andhra Pradesh High Court - Amravati
Arshed Mp, vs The State Of Andhra Pradesh, on 15 July, 2021
HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION No.3771 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/A-1 and A-2 in connection with Crime No.130 of 2021 of Government Railway Police Station, Visakhapatnam, registered for 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 18.06.2021 on credible information, the Railway Protection Force Sub Inspector of Police along with staff and mediators reached railway current reservation office adjacent to 1st Gate of Visakhapatnam Railway Station, arrested the petitioners, seized 6 KGs of dry ganja from their possession, under the cover of mediators report. Basing on the said report, petitioners were arrested, crime was registered and the petitioners were sent to judicial custody.
3. Heard Sri Kakumanu Joji Amrutha Raju, learned counsel for petitioners and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioners submits that petitioners were apprehended on 18.06.2021 and as per the prosecution contraband alleged to be seized from the possession of petitioners is 6 KGs. He submits that the petitioners are 2 nothing to do with the alleged offence and police have completed the investigation, as such, their case may be considered for grant of bail.
5. On the other hand, learned Assistant Public Prosecutor submits that investigation is pending and so far four witnesses were examined. He submits that petitioners belongs to Kerala State as such, if they are enlarged on bail, it is very difficult to secure their presence during the course of trial. Hence, opposed the bail.
6. Taking into consideration the fact that the contraband that is seized from the petitioners is only 6 KGs i.e., below the commercial quantity, as such, bar under Section 37 of the NDPS Act is not attracted. Further nothing has been placed on record to show that the petitioners are habitual offenders, this Court deems it appropriate to grant bail to the petitioners, on certain conditions.
7. Accordingly, this Criminal Petition is allowed. The petitioners/A-1 and A-2 shall be enlarged on bail in Crime No.130 of 2021 of Government Railway Police Station, Visakhapatnam 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 VI Additional Metropolitan Magistrate for Railways, Visakhapatnam. On such release, the petitioner/A-1 and A-2 shall not leave the State and shall appear before the Station House Officer, Government 3 Railway Police Station, Visakhapatnam once in a week between 10.00 AM and 1.00 PM, till filing of charge sheet.
___________________________ LALITHA KANNEGANTI, J Date: 15.07.2021 Sj 4 64 THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI Allowed CRIMINAL PETITION No.3771 of 2021 Dated 15.07.2021 sj