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2021 DIGILAW 726 (AP)

Raju Samardhi v. State of Andhra Pradesh

2021-11-01

D.RAMESH

body2021
ORDER : This petition is filed under Section 438 of Code of Criminal Procedure, 1973 (for short “Cr.P.C”) seeking pre-arrest bail to the petitioner/accused in the event of his arrest in connection with Crime No.732/2020 of Pendurthi Police Station, Visakhapatnam City, wherein the petitioner is alleged to have committed the offences punishable under Section 20(b)(ii)(A) r/w 8(c) of NDPS Act, 1985. 2. The petitioner came to know that his name was shown as accused in Cr.No.732/2020 alleging that on 01.9.2020, the Sub Inspector of Police, Pendurthi and City Task Force Sub-Inspector received credible information about transportation of ganja illegally and that they secured their staff, mediators and went to RTC Bus Stand, Pendurthi Junction at about 5pm and checking the vehicles which were coming from Araku towards Visakhapatnam, they noticed one two wheeler coming towards Visakhapatnam from Araku and on seeing the police in uniform, the said person suddenly stopped the vehicle and tried to take turn of the vehicle. In the meanwhile the Sub-Inspector of police tried to caught hold the said person. The efforts made by the police are in vain. On verification of the bag in the motorcycle bearing no.AP 30 AS 2990, they found one mica bag in which 895 grams of weed oil was there. Police seized the said contraband i.e. AP 30 AS 2990 under the cover of mediators report and registered the F.I.R. 3. Heard learned counsel for petitioner and learned Assistant Public Prosecutor for respondent-State. 4. Learned counsel for the petitioner submits that the petitioner was falsely mentioned in the crime and the police are making hectic efforts to apprehend the petitioner and also causing inconvenience to the family members of the petitioner. Therefore the petitioner prays to grant prearrest bail. 5. Learned Assistant Public Prosecutor submits that the petitioner’s name was shown as accused as his identity was came to know by the raid party by seeing the Aadhar card and documents at the time of seizure of contraband in the above said crime number, in the presence of mediators and that the petition may be dismissed. 6. As per the case of the prosecution, no incriminating material is available in the entire record to show that the petitioner is in possession of the above said contraband. 6. As per the case of the prosecution, no incriminating material is available in the entire record to show that the petitioner is in possession of the above said contraband. Except basing on the details in the aadhar card, no other evidence was produced by the prosecution to show that the petitioner was carrying the contraband and that too the contraband was not of commercial quantity and therefore, this Court deems it appropriate to grant pre-arrest bail to the petitioner. 7. In the result, the criminal petition is allowed and the petitioner/accused shall be enlarged on bail in the event of his arrest in connection with Crime No.732 of 2020 of Pendurthi Police Station, Visakhapatnam City, on his executing self bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum to the satisfaction of the Station House Officer, Pendurthi Police Station, Visakhapatnam City. As a sequel, all the pending miscellaneous applications shall stand closed.