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2021 DIGILAW 534 (AP)

Sanish Kumar Annedath v. State of Andhra Pradesh

2021-08-11

LALITHA KANNEGANTI

body2021
JUDGMENT Lalitha Kanneganti, J. - This petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioners/A-1 and A2 in connection with Crime No.39 of 2021 registered by Narsipatnam Town Police Station, Visakhapatnam District for the offences punishable under Section 20(b) (ii) (c) r/w 8 ( c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). 2. Heard Sri K. K. Komalan, learned counsel for the petitioner and the learned Public Prosecutor for the respondent-State. 3. The case of prosecution is that on 10.2.2021, on receipt of reliable information about illegal transportation of ganja, the Additional Sub-Inspector of Police Narsipatnam Town Police Station, Visakahpatnam rushed to Pedaboddepalli Junction and seized 42 KGs of dry ganja in two bags from the possession of the petitioners/accused and arrested them. 4. Learned counsel for the petitioners submits that the petitioners are tourists and visited Araku valley and Paderu and while coming back they engaged a car upto Narsipatnam and when it reached Pedaboddepalli Junction, the police intercepted the vehicle and then they handed over the said vehicle to the police and ran away. He further submits that the petitioners have nothing to do with the offence, but they are falsely implicated in the crime. It is further submitted that the petitioners are languishing in jail from the last 180 days and that the police failed to file charge-sheet. Learned counsel for the petitioners further submits that the police while conducting search and seizure of the contraband, failed to follow the procedure contemplated under the NDPS Act and the petitioners have not committed any offence as alleged, hence they are entitled for default bail. 5. On the other hand, the learned Public Prosecutor submits that the entire investigation is completed and that the petitioners belonged to Kerala State and if they are enlarged on bail, it is very difficult for the prosecution to secure their presence during the course of trial and hence prayed to dismiss the bail. 6. Taking all these facts into consideration especially the fact that the entire investigation is completed and the petitioners are languishing in jail from the last 180 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 all these facts into consideration especially the fact that the entire investigation is completed and the petitioners are languishing in jail from the last 180 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 A2 shall be enlarged on bail in Crime No.39 of 2021 registered by Narsipatnam Town Police Station, Visakhapatnam District on execution of 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. On such release, the petitioners shall not leave the State and shall appear before the Additional Judicial First Class Magistrate, Narsipatnam once in a week i.e. on every Friday between 10.00 AM and 1.00 PM till completion of trial. 8. Consequently, miscellaneous applications pending, if any, shall stand closed.