Yogesh Shashikanth Mahajan v. State of Andhra Pradesh
2020-11-27
LALITHA KANNEGANTI
body2020
DigiLaw.ai
ORDER : Lalitha Kanneganti, J. 1. This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') to grant regular bail to the petitioners in connection with Crime No. 433 of 2020 of Nunna Police Station, Vijayawada City 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"). The petitioners before this Court are A-1 and A-2. 2. The case of prosecution is that on 14.07.2020 at about 17.30 Am on credible information about the illegal transportation of ganja, the Sub Inspector of Police along with his staff reached Bhavani Bar centre, Payakapuram, Vijayawada and while conducting vehicle check, they found a Eicher van bearing registration No. MH 156 CK 5775 coming from Ramavarappadu side and on seeing the police, the petitioners/accused 1 and 2 who are driver and cleaner of the said van tried to skulk away. The police apprehended them and on interrogation, the accused confessed that on 04.07.2020 they unloaded the van and on 05.07.2020 they were waiting at Vijayadurga Transport for return freights through truck bazaar app and the same was confirmed on 12.07.2020 and they started from Atchutapuram to Sanglimiraz, Maharashtra with carbon power load and middle of Narsipatnam and Tuni, A-1 purchased ganja at Panjabi dhaba, Petrol bunk outskirts, Tuni and loaded 105 packets total 250 KGs of ganja. Basing on the confessional statements of the petitioners, the police registered the above crime, arrested and remanded them to judicial custody. 3. Heard Sri Kakumanu Joji Amrutha Raju, learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent-State. 4. Learned counsel for the petitioners/A-1 and A-2 submits that the petitioners are innocent of the offence and they have no knowledge about the transportation of ganja in the van. 5. The learned Additional Public Prosecutor submits that the entire investigation in this case is completed. However submits that the petitioners belong to Maharashtra State, if they enlarged on bail at this stage, it will be very difficult to secure their presence during trial. 6. In view of the fact that the entire investigation is completed and further the petitioners are languishing in jail from 14.07.2020, this Court deems it appropriate to grant bail to the petitioners on certain conditions. 7. Accordingly, this Criminal Petition is allowed.
6. In view of the fact that the entire investigation is completed and further the petitioners are languishing in jail from 14.07.2020, 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 on execution of self bonds for Rs. 1,00,000/- (Rupees one lakh only) each with two sureties for a like sum each to the satisfaction of the learned VI Metropolitan Magistrate Court, Vijayawada City. The petitioners/A-1 and A-2 shall appear before the Station House Officer, Nunna Police Station, Vijayawada City once in a week i.e. on every Wednesday between 10:00 A.M. and 12:00 P.M. till filing of charge sheet. Consequently, miscellaneous applications pending, if any, shall stand closed.