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2021 DIGILAW 422 (AP)

Vanthala Lingamma v. State of Andhra Pradesh

2021-07-13

LALITHA KANNEGANTI

body2021
JUDGMENT Lalitha Kanneganti, J. - This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 seeking regular bail to the petitioners/A-2 to A-4 in connection with Crime No.469 of 2020 of Nathavaram Police Station, Visakhapatnam District, for the offences punishable under Sections 20(b)(ii)(C) r/w 25, 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act"). 2. The case of prosecution is that on 07-12-2020 on receipt of credible information about illegal transportation of ganja, the Head Constable of Nathavaram Police Station along with his staff and mediators rushed to the leading to Peda Golugonda from Gummadi Golugonda Village at Vedurupalli outskirts and conducted vehicle check, arrested A-1 to A4 and seized 110 kgs of dry Ganja. Basing on the said mediators' report, police registered the present crime and sent them to judicial custody. 3. Heard Sri G.Venkata Reddy, learned counsel for the petitioners and the learned Assistant Public Prosecutor for the respondent-State. 4. Learned counsel for the petitioners/A-2 to A-4 submits that the petitioners were apprehended on 07-12-2020 and remanded to judicial custody on the same day. He submits that for the last more than 217 days, the petitioners have been languishing in jail. Police neither filed the charge sheet nor filed any application seeking extension of time, as such the petitioners are entitled for default bail. 5. On the other hand, learned Assistant Public Prosecutor also does not dispute the fact that the police neither filed application for extension of time nor filed charge sheet. 6. As the petitioners have been languishing in jail for the last 217 days and no application was filed by the police seeking extension of time, the petitioners are entitled for default bail. 7. Accordingly, this Criminal Petition is allowed. The petitioners/A-2 to A-4 shall be enlarged on bail in Crime No.469 of 2020 of Nathavaram Police Station, Visakhapatnam District on execution of self bond for Rs.1,00,000/- (Rupees one lakh only) each with two sureties for a like sum each to the satisfaction of the Court of the Additional Judicial Magistrate of First Class, Narsipatnam, Visakhapatnam District. On such release, the petitioners shall appear before the Station House Officer, Nathavaram Police Station, Visakhapatnam District once in a week i.e. on every Saturday between 10.00 AM and 1.00 PM till completion of trial.