Andhra Pradesh High Court - Amravati
Bobbili Mohan Sai Kumar Mohan Sai Kumar ... vs The State Of Andhra Pradesh on 2 June, 2022
THE HONOURABLE SRI JUSTICE VENKATESWARLU
NIMMAGADDA
CRIMINAL PETITION No.3822 of 2022
ORDER:-
This Criminal Petition is filed by the petitioner/A-3 under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") seeking regular bail in connection with Crime No.28 of 2022 on the file of Maredumilli Police Station, East Godavari District, wherein the petitioner is alleged to have committed the offences punishable under Sections 8(c) read with 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "N.D.P.S. Act").
2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
3. Case of the prosecution is that on 05.04.2022, at about 2:00 P.M., at Kotha Colony, Boduluru Road, in the outskirts of Maredumilli Village and Mandal, A-1 to A-3 were found transporting 20 kgs. of ganja worth Rs.40,000/- from interior forest area of Visakha Rural to Vijayawada on the active instigation of A-4 and A-5 on a black colour Pulsar Motor Cycle bearing No.AP 16 DY 4070. The contraband along with vehicle and other material was seized under a cover of mediators' report. A-1 to A-3 were arrested on 05.04.2022 and they were remanded and sent to judicial custody on 06.04.2022.
4. Learned counsel for the petitioner submits that the petitioner is in jail since 05.04.2022 and even as per the prosecution, the accused were carrying only 20 kgs. of ganja, which does not come under the ambit of commercial quantity, 2 and as such, the petitioner is entitled for bail since he has already suffered in jail for nearly sixty days.
5. Learned Assistant Public Prosecutor submitted that even though the ganja transported by the petitioner is below the commercial quantity, the petitioner is entitled to bail only after 180 days.
6. Having considered the facts and circumstances and as the petitioner is transporting only small quantity of ganja, even though he has not completed 60 days in jail, in the considered view of the Court, the petitioner is entitled to regular bail on certain conditions.
7. Accordingly, this Criminal Petition is allowed. The petitioner/A-3 is ordered to be enlarged on bail on execution of self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a likesum each to the satisfaction of the learned Judicial First Class Magistrate, Rampachodavaram, East Godavari District. On such release, the petitioner shall not leave the state and shall appear before the Station House Officer, Maredumilli Police Station, East Godavari District once in a week i.e., on every Sunday between 10:00 a.m. and 01:00 p.m. till filing of the charge sheet.
Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed.
____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date : 2.6.2022 AMD 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CRIMINAL PETITION No.3822 of 2022 Date : 2.6.2022 AMD