Kandhati Guna Sekhar @ Sekhar v. State of Andhra Pradesh
2021-07-14
LALITHA KANNEGANTI
body2021
DigiLaw.ai
JUDGMENT Lalitha Kanneganti, J. - This Criminal Petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioners/A-1 and A-2 in connection with Crime No.267 of 2021 of Renigunta Urban Police Station, Tirupati Urban, registered for the offence punishable under Section 8(c) r/w 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act"). 2. The case of prosecution is that on 15.06.2021 on credible information about illegal transportation of ganja, the respondent police along with his staff and mediators went to Primary Health Centre, near Vaddimitta of Renigunta Town and found two persons sitting there and on seeing the police, they tried to escape from the scene of offence. But, the police could apprehend them. On interrogation, they confessed that they are in possession of ganja for illegal transportation. Police recovered 1000 grams from A-1 and 800 grams from A-2 and seized the contraband under the cover of mediators report. Basing on the said mediators report, the present crime was registered, arrested the petitioners and sent them to judicial custody on the same day. 3. Heard Sri D.Purnachandra Reddy, learned counsel for petitioners and learned Assistant Public Prosecutor for the respondent-State. 4. Learned counsel for the petitioners submits that the police recovered ganja of 1000 grams from A-1 and 800 grams of ganja from A-2 and they were arrested on 15.06.2021. He submits that the petitioners are falsely implicated in this case and they have no criminal antecedents. He further submits that the contraband alleged to be seized from the petitioners is small quantity, as such, bar under Section 37 of the NDPS Act is not attracted. Hence, their case may be considered for grant of bail. 5. On the other hand, learned Assistant Public Prosecutor submits that the investigation is pending. 6. Taking into consideration the fact that the contraband that is seized from the petitioners is small quantity as such, bar under Section 37 of the NDPS Act is not attracted and further petitioners are languishing in jail from 15.06.2021, this Court deems it appropriate to grant bail to the petitioners, on certain conditions. 7. Accordingly, this Criminal Petition is allowed.
Taking into consideration the fact that the contraband that is seized from the petitioners is small quantity as such, bar under Section 37 of the NDPS Act is not attracted and further petitioners are languishing in jail from 15.06.2021, 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 in Crime No.267 of 2021 of Renigunta Urban Police Station on their executing self bonds for Rs.50,000/- (Rupees fifty thousand only) each with two sureties for a like sum each to the satisfaction of the Court of the V Additional Judicial Magistrate of First Class, Tirupati. On such release, the petitioners/A-1 and A-2 shall appear before the Station House Officer, Renigunta Urban Police Station, Tirupati Urban once in a week between 10.00 AM and 1.00 PM, till filing of charge sheet.