Andhra Pradesh High Court - Amravati
Gunji Venkata Rao, vs The State Of Andhra Pradesh, on 10 August, 2022
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
CRIMINAL PETITION NO.5605 of 2022
ORDER:-
This petition is filed under Sections 437 & 439 of Criminal Procedure Code (for short „Cr.P.C.‟) seeking regular bail, by the petitioners/A-1 in Crime No.254 of 2021 of Inkollu Police Station, Prakasham District registered for the offences punishable under Section 20 (b) r/w 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act")
2. The case of prosecution is that on 30.08.2021, on receipt of information, while police were conducting vehicle check at Inkollu on Digamarru - Trovagunta Highway road, they found A-1 to A-5 in suspicious condition and on seeing the police A-1 to A-3 escaped and police apprehended A-4 and A-5. Further, A-4 and A-5 confessed that they along with other accused formed into a group under the leadership of A-1 and A-2 and they are doing ganja business by transporting in specially designed vehicles. Further, A-1 and A-2 followed the vehicle in Honda Amaze car bearing No.TS 04 EV 2424, A-3 and A-5 were in the auto where ganja was loaded and A-4 escorted the ganja vehicle. Police seized 150 packets of cannabis weighing about 300 KGS besides other material. Basing on the confession of A-4 and A-5, the petitioner is arrested. The petitioner was produced on PT warrant on 18.10.2021 and was sent to remand and since then he has been languishing in jail. Hence, the crime was registered under the cover of mediators report.
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3. Heard Sri K.Srinivas, learned counsel for the petitioner and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner, in elaboration, contended that the petitioner has been languishing in jail since 18.10.2021 and he has been falsely implicated in this case. He contended that only basing on the confession statements of A-4 and A-5, the present petitioner is implicated. The contraband was also found in possession of A-4 and A-5 only and that A-4 and A-5 who are the main accused in this crime were released on regular bail in Crl.P.No.2477 of 2022 and A-2 was released on regular bail in Crl.P.No.3713 of 2022 and got dismissed the petitioner‟s bail. He further contended that charge sheet is already filed as such, prayed for grant of bail to the petitioner.
5. On the other hand, learned Special Assistant Public Prosecutor opposed the petition and would contend that the petitioner has involved in another crime and the quantity involved in this crime is 300 KGs of ganja which is a commercial quantity. He further contended that in the event if he releases on bail, he may not cooperate with the trial, as such, he prayed for dismissal of the petition.
6. It is not in dispute that the quantity of ganja involved in this case is commercial quantity and A-4 and A-5 are implicated the present petitioner basing on their confessional statement and it is also noted that other accused in this crime were released on bail and as this Court has dismissed the earlier bail applications one and half month back, this Court is inclined to grant bail to the 3 petitioner. However, taking the submissions of the learned Special Assistant Public Prosecutor into consideration and his apprehension, this Court feels that, on the following conditions, the petitioner shall be released on bail:
(i) The petitioner shall be released on bail on his executing 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 First Class Magistrate, Parchuru.
(ii) On such release, the petitioner shall report before the concerned Station House Officer, once in a month i.e. on the 2nd day of every succeeding month between 10.00 a.m. and 5.00 p.m., till trial of the case is concluded and the case is disposed of in the trial Court.
The above conditions are imposed to ensure the presence of the petitioner during the course of trial and in view of the apprehension expressed by learned Special Assistant Public Prosecutor that he may abscond if the petitioner is released on bail and it would be difficult for the police to nab him to secure his presence for trial. Further, the petitioner shall scrupulously comply with the above conditions and if there is breach of any of the above conditions, it will be viewed seriously and it also entails cancellation of the bail and in such case prosecution shall move appropriate application for such cancellation.
Accordingly, the Criminal Petition is allowed.
___________________________ JUSTICE RAVI CHEEMALAPATI Date : 10.08.2022 KA 4 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION NO.5605 OF 2022 Date : 10.08.2022 KA