Research › Search › Judgment

Andhra High Court · body

2021 DIGILAW 454 (AP)

Dadi Hari Babu v. State of Andhra Pradesh

2021-07-23

LALITHA KANNEGANTI

body2021
JUDGMENT Lalitha Kanneganti, J. - This 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-3 in connection with Crime No.89 of 2020 of K.D.Peta Police Station, Visakhapatnam District for the offence punishable under Section 8(c) r/w 20(b)(ii)(C) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act"). 2. The case of prosecution is that on 23.12.2020 on receipt of credible information about illegal possession and transportation of ganja, the respondent police after securing staff and mediators rushed to Alluri Park, A.L.Puram Village of Golugonda Mandal and while conducting vehicle check, they arrested the petitioners and seized 40 KGs of dry ganja from their possession in two bags each containing 20 KGs while they were transporting the same on motorcycle bearing No.AP 05 DR 0584 under the cover of mediators report. Another accused has absconded from the place. Basing on the said mediators report, the present crime was registered and sent the petitioners to judicial custody. 3. Heard Sri N.Siva Reddy, learned counsel for the petitioners/ A-1 and A-3 and learned Assistant Public Prosecutor for the respondent-State. 4. Learned counsel for petitioners submits that the petitioners have not committed any offence much less the alleged offence and they falsely implicated in this case and nothing has been seized from their possession. There is no material for the prosecution to connect the petitioners with the alleged crime. He submits that the police implicated the petitioners with a view to screen away the real culprits from the offence. Petitioners were remanded to judicial custody on 23.12.2020 and from the last 242 days, they have been languishing in jail. Hence, their case may be considered for grant of bail. 5. Learned Assistant Public Prosecutor on the other hand submits that on 174th day, police have filed petition seeking extension of time and the same was dismissed vide order dated 20.07.2021 in Crl.M.P.No.181 of 2021. 6. Taking into consideration the fact that the petitioners are languishing in jail from the last 242 days and the police failed to file charge sheet and further the extension petition filed by the prosecution was dismissed, this Court deems it appropriate to grant bail to the petitioners, however, on certain conditions. 7. Accordingly, this Criminal Petition is allowed. 6. Taking into consideration the fact that the petitioners are languishing in jail from the last 242 days and the police failed to file charge sheet and further the extension petition filed by the prosecution was dismissed, this Court deems it appropriate to grant bail to the petitioners, however, on certain conditions. 7. Accordingly, this Criminal Petition is allowed. The petitioners/ A-1 and A-3 shall be enlarged on bail in Crime No.89 of 2020 of K.D.Peta Police Station, Visakhapatnam District on execution of self bonds for Rs.1,00,000/- (Rupees one lakhs only) each with two sureties for a like sum each to the satisfaction of the Court of the Additional Judicial First Class Magistrate, Narsipatnam, Visakhapatnam District. On such release, the petitioners shall appear before the Station House Officer, K.D.Peta 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. 8. Consequently, miscellaneous applications pending, if any, shall stand closed.