Andhra Pradesh High Court - Amravati
Cr.P.C vs Unknown on 5 July, 2023
Author: K.Suresh Reddy
Bench: K. Suresh Reddy
THE HON'BLE SRI JUSTICE K. SURESH REDDY
CRIMINAL PETITION No. 4006 OF 2023
ORDER:
This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/ A-1, seeking regular bail, in Crime No.24 of 2023 of Narsapuram Rural Police Station, West Godavari District.
2. The above Crime was registered against the petitioner herein and others for the offence punishable under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').
3. Brief facts of the case are that on 21.01.2023, on receipt of the credible information, the Sub-Inspector of Police, Mogalturu Police Station who is in charge of Narsapuram Rural Police Station, along with staff and mediators went to Darbarevu Bridge, Laxmaneswaram- Vemuladeevi Road, Narsapuram Mandal for conducting vehicle checking. During the course of said checking Accused Nos. 1 to 3 coming on two Motor Cycles and that the Sub-Inspector of Police intercepted them and 2 apprehended Accused Nos. 1 and 2, who were coming on a Motor Cycle bearing No. AP39 FE 3512 and Accused No.3, who was coming on a Motor Cycle bearing No. AP 32 4446, and they were found in possession of 21.628Kgs of Ganja. After conducting panchanama, the Sub-Inspector of Police arrested the Accused Nos.1 to 3, who were remanded to judicial custody.
4. The learned counsel for the petitioner contends that the petitioner was arrested on 21.01.2023 and ever since he is in judicial custody. Further the contraband seized from all the accused is 21.628Kgs which is a little bit higher than non-commercial quantity. Hence, the learned counsel for the petitioner requested this Court to enlarge the petitioner on bail.
5. On the other hand, the learned Special Assistant Public Prosecutor, on instructions, informs that the petitioner is not involved in any other previous crimes of similar in nature.
6. In that view of the matter, this Court is inclined to enlarge the petitioner on bail, on the following conditions. 3
(i) The petitioner-accused No.1 herein shall be released on bail on his executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial First Class Magistrate, Narsapuram, West Godavari District.
(ii) On release, the petitioner shall appear before the Station House Officer concerned, twice in a week i.e., on every Monday and Thursday between 10.00 a.m. and 01.00 p.m., until further orders.
(iii) Further, the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses.
7. Accordingly, the Criminal Petition is allowed.
___________________________ SRI K.SURESH REDDY, J Date: 05.07.2023 RSI 4 THE HON'BLE SRI JUSTICE K. SURESH REDDY CRIMINAL PETITION No. 4006 of 2023 Date: 05.07.2023.
RSI