Andhra Pradesh High Court - Amravati
This Criminal Petition Is Filed Under ... vs Unknown on 10 March, 2022
Author: Cheekat! Manavendranath Roy
Bench: Cheekat! Manavendranath Roy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT!I
THURSDAY, THE TENTH DAY OF MARCH
TWO THOUSAND AND TWENTY TWO
IPRESENT:
THE HONOURABLE SRI JUSTICE CHEEKAT! MANAVENDRANATH ROY
CRIMINAL PETITION NO: 1460 OF 9022
Sebween:
Kilo Samuel, Sfo Kilo Pathro, Aged about 31 years, ST-Valmiki by Cast,
Rio Chinalababu (V) & (P), Arakuvalley (M), Visakhapainam District,
. Patitioner{ A?
AND
The State of Andhra Pradesh, through PS Paceru Circle rep. by its Public
Prosecutor, High Court at Amaravatl.
. Respondenl/Complainant ~ |
Pefition under Section 37 N.D.P.S. Act 1885 Ray 437 & 439 of CrP,
praying that in the circumstances stafed in the memorandum of grounds Med in
Criminal Petition, the High Court may be pleased to enlarge the petiioner/A-? on
bail as he is taken info Judicial custedy on 20-11-2021 in Crime No? 2020,
dated 20-11- 2020 of PS Padery Circe Visakhanainam.
The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds filed in support thereof and Upan hearing the
arguments af Sn Y V Anil Kumar, Advocate for the Petifioner and the Addi
Public Prosecutor for the Respondent, the Court made the following:
ORDER:
HOWBLE SRI JUSTICE CHERHATI MANAVENDRANATH ROY CRIMINAL PETITION No. 1460 OF 2028 ORDERS PS This criminal petition is filed under Section 429 of the Code of Criminal Procedure, LO7S, to enlarge the petitinner on baal.
we The petitioner is A-? in Crime No.l li of 2040 of Paderu xy CHrele Police Station, Visa % khapatnam District, ~y
3. A case under Section Sic Le cy ard Seetion OS of the Nareotic Dray sANKEs Act, 1985 (for short 'NPS' Act} was registered against him along with other accused in the above crime 4, it ia the case of the prosecution fhat on 2O. 11.2020 at about 5.00 hours, when the police reached the scene of offence afier receiving reliable information relating to illegal dos peaee transportation of ganja and when they were conducting vehicle be check that they have neticed one van beariig No.AP OTTO 83238 coming from Araku. When the police tried to intercept the said vehicle, the persons who are travelling in the said vehicle ran eyecare wy gt SAY sek Veneer cteg ey ye hs rd ¢ et > Lae os, oy - e away and escaped leaving the said vehicie at the scene of offence. When the police checked the said vehicle, they four MA Wie Af Av + San Eben ented veeadvdes? 1860 Kis of gania in 48 sunny bags In the saki velicie, = * wen rey % RDM Sy x 2 wey as ae 2 ree 2 Subsequentiy, A-i was m oogmection with another case in Crime No. TiS of 20681 of Chodavaram Police Station. At that ime he disclosec] that he and other accused in this case secured the said garda and on his instruction that the ae Pama was transported. So based on the said statement, the present crite was registered against the accused in this case including the petitioner herein. Therefore, it is stated that the petitioner has cormumitted the afpresaid offence.
6. Heard learned coursel: for the petitioner and learned Additional Public Praseoutor for the State. ¥. Admittedly, the petitioner herein was not found to be m possession of any such ganja or transporting any such ganja in the said vehicle. He was not apprehended at the scene of offence. Tt is only on the basis of the statement said to have been given by A-l when he was subsequently arrested in another crime that on his instructions the other accused im this cass have transported the said gania, the petitioner is implicated as one of the accused ie., A-2 in the present crime. Therefore, in the said facts and circumetances of the omse, the accusation made against the petitioner is prima facie not well founded. Purther, as per the submission made by learned Additional Public Prosecuter for the State that entire investigation is completed and that draft charge sheet is placed before the concerned Public Prosecutor for approval tu fle the same before the Court. Therefere, im the said facts and circumstances of the oase, the petitioner is entitied ta ball.
8. Resultant! the Criminal Petition is allowed. The petitioner is ordered to be enlarged on bail on execution of self bond for Rs. 1.O0,00/- [Rupees one lakh only} with two sureties doug estan ene ate ety sa sen ate US MEAT SNE DEE annie alee enna ann senna top ped 3 23 wt ts Ys cma os raph yok rs oe, Sed?
ve henge beet vt oft ve Bos coy.
feds ee Be for a like faction of the learned Judicial £ = yf Fir Meg tT eet 4 Fd gees x Magistrate af Pirst Class, Paderu, Wisakheapainam District wh nee 4 PTRUE COPY! Ta, wot gudge for Trial of Offences ¢ Under for NPS, V¥ jeabhane antam. The Judicial Magistrate of Firs : Class, Paderu, Visakhapainam. The Superintendent, Central fall, Visa Kapaa The Station House Officer, Paderu Cire Police station, Visaxhapsiiam. One CO to Br. ¥ V An KK mar, Advocate fOPUG! i Two COs to Public Prosecutor, High Court of AP [OUT] One spare copy.
NO EROS MS ee AS S187 ANT REC ae RAR "
The Metropolitan Seasions Jt idge-cumed Adal, "ustriog & Sessions Judge-Special Prssesettnpat;
HIGH COURT CMR, DATED TOO N208e ORDER CRLP.No.1480 of 2022 ALLOWED lle Pitted ie