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2023 DIGILAW 1277 (AP)

Panchadarla Ramana v. State of Andhra Pradesh

2023-09-11

K.SURESH REDDY

body2023
JUDGMENT K.SURESH REDDY,J. - This Criminal Petition, under Ss. 437 and 439 of Cr.P.C., has been filed by the petitioners/A-4 and A-5, seeking regular bail, in Crime No.89 of 2023 of Duvvada Police Station, Visakhapatnam City. 2. A case has been registered against the petitioners herein and others for the offences punishable under Ss. . 20(b)(i)(ii)(B), 25, 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act"). 3. Heard. Perused the record. 4. On a perusal of the material available on record, it goes to show that on 8/5/2023 the Inspector of Police, Duvvada Police Station along with his staff and mediators apprehended Accused Nos.1 to 3 and 6 to 9 near Mango Grove, opposite to Pragathi School, Duvvada Sector-I, Gajuwaka, who were found in possession of 1.96 kgs of Ganja. The Inspector of Police after conducting panchanama and after seizing the contraband, arrested Accused Nos.1 to 3 and 6 to 9, who were remanded to judicial custody thereafter. During the course of investigation, Accused Nos.1 to 3 confessed stating that they were transporting the said Ganja on the instructions of the petitioners, who are shown as Accused Nos.4 and 5. On the basis of the said confession, the Inspector of Police produced the petitioners before the court below on execution of Prisoners-Transit Warrant. 5. The learned counsel for the petitioners states that the petitioners came to be implicated only on the basis of the alleged confession made by the Accused Nos.1 to 3. He further contended that no contraband was seized from the possession of the petitioners. He further contended that petitioners were arrested on 1/6/2023 and ever since they are in judicial custody. Though the statutory period of 60 days has been completed, the police could not file the charge sheet. He, therefore, requests this court to enlarge the petitioner on bail. 6. Per contra, the learned Special Assistant Public Prosecutor, on instructions, confirms the factum of non-filing of charge sheet within the statutory period of 60 days. 7. In view of the aforesaid facts and circumstances of the case, as the police could not file the charge sheet within the statutory period of 60 days from the date of remand of the petitioners, this Court is inclined to grant bail to the petitioners/Accused Nos.4 and 5, on the following conditions. 7. In view of the aforesaid facts and circumstances of the case, as the police could not file the charge sheet within the statutory period of 60 days from the date of remand of the petitioners, this Court is inclined to grant bail to the petitioners/Accused Nos.4 and 5, on the following conditions. (i) The petitioners herein shall be released on bail on their executing personal bonds for Rs.25,000.00 (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge, Visakhapatnam. (ii) On release, the petitioners shall appear before the Station House Officer concerned twice in a week i.e., on every Monday and Friday between 10.00 a.m. and 01.00 p.m., until further orders. (iii) Further, the petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses. 8. Accordingly, the Criminal Petition is allowed.