Komma David Raj U David v. State of Andhra Pradesh
2021-07-27
LALITHA KANNEGANTI
body2021
DigiLaw.ai
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/A1 and A2 in connection with Crime No.97 of 2021 of Kancharapalem Police Station, Visakhaptanam for the offence punishable under Section 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act"). 2. The case of prosecution is that on 05.02.2021 on receiving credible information about illegal possession and transportation of dry ganja, the Sub-Inspector of Police, Kancharapalem Police Station along with his staff went to BRTS road near ITI junction, Kancharapalem and while they were conducting vehicle check, they found A1 and A2 transporting 7 kgs of Hashish oil in five packets by Pulsar Motorcycle bearing registration No.AP 39 EM 1433 and Activa bearing registration No.AP 39 EF 7395. The Police seized the said oil under mediators' report. Basing on the said report the present crime is registered and A1 and A2 were sent to remand on 06.02.2021. 3. Heard Sri Kakamanu Joji Amrutha Raju, learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State. 4. Learned counsel for petitioners submits that Hashish oil has not seized from the possession of the petitioners, but, the police attributed it to the accused and implicated them in this case. Petitioners are only riding the motorcycle, they stopped their motor cycle at ITI junction bus stop and at that stage when other people have also come there, on seeing the police, all the persons escaped from the scene. Then, police found some packets and in that they found Hashish oil. He submits that the petitioners were arrested and remanded to judicial custody on 05.02.2021 and from then they are languishing in jail. 5. Learned Assistant Public Prosecutor that entire investigation is completed and police are about to file charge sheet. 6. Taking into consideration the fact that entire investigation is completed and petitioners are languishing in jail from the last 173 days, 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 entire investigation is completed and petitioners are languishing in jail from the last 173 days, this Court deems it appropriate to grant bail to the petitioners, however, on certain conditions. 7. Accordingly, this Criminal Petition is allowed. The petitioners/ A1 and A2 shall be enlarged on bail in Crime No.133 of 2021 of 97 of 2021 of Kancharapalem Police Station, Visakhaptanam on their 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 VII Additional Metropolitan Magistrate, Visakhapatnam. On such release, the petitioners shall appear before the Station House Officer, Kancharapalem Police Station, Visakhapatnam 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.