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2021 DIGILAW 517 (AP)

Wahid Karim Shaikh v. State of Andhra Pradesh

2021-08-10

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-2 in connection with Crime No.64 of 2021 of Ananthagiri Police Station, Visakhapatnam District, 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"). 2. The case of prosecution is that the on 14.06.2021 on receipt of credible information about transportation of ganja illegally, the respondent police along with staff and mediators went to Muliyaguda junction and while checking the vehicles, arrested both the petitioners and seized 20 KGs of dry ganja in four packets, each containing 5 KGs, under the cover of a mediators report. Basing on the said report, the present crime is registered and sent the accused to judicial custody. 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 the contraband that is alleged to have been seized is 20 KGs and that the petitioners are unconnected with the alleged offence. The petitioners are languishing in jail from the last 51 days. Hence, their case may be considered for grant of bail. 5. Learned Assistant Public Prosecutor on the other hand submits that investigation is pending and petitioners belong to Maharashtra State and if they are enlarged on bail at this stage, it is very difficult for the prosecution to secure their presence. Hence, opposed the bail. 6. Taking into consideration the fact that the petitioners are languishing in jail from the last 51 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/ A-1 and A-2 shall be enlarged on bail in Crime No.64 of 2021 of Ananthagiri Police Station, Visakhapatnam District, on their executing 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 Court of the Additional Judicial First Class Magistrate, Narsipatnam, Visakhapatnam District. On such release, the petitioners shall not leave the State and they shall appear before the Station House Officer, Ananthagiri 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. On such release, the petitioners shall not leave the State and they shall appear before the Station House Officer, Ananthagiri 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.