Dulla Vijaya Kiran v. State Rep By Public Prosecutor
2023-01-25
K.SREENIVASA REDDY
body2023
DigiLaw.ai
JUDGMENT K. Sreenivasa Reddy, J. - This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioners/Accused Nos.2 and 3, seeking regular bail, in Crime No.63 of 2022 of K.D. Peta Police Station, Anakapalli District. 2. A case has been registered against the petitioners herein and others for the offences punishable under Sections 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'). 3. Brief facts of the case are that, on 06.06.2022, at 07.00 hrs, the Sub-Inspector of Police, along with his staff and mediators, reached at Sai baba Temple, A.L.Puram Village. Golugonda Mandal, Anakapalli district, K.D.Peta Police Station limits, and found Accused Nos.2 and 3 in possession and illegal transportation of 24 kgs of Ganja on pulsar motor cycle from Jodimamidi village to Tuni Highway via Annavarm, Chintapalli, Pedavalasa, Rompula and K.D.Peta. Police seized the contraband, along with vehicle and other material, under cover of a mediators report and arrested accused Nos.2 and 3. 4. Heard. Perused the record. 5. It is submitted by the learned Special Assistant Public Prosecutor that major portion of the investigation is completed. The petitioners were arrested on 06.06.2022 and since then they have been languishing in jail. The statutory period of 180 days is completed. But, the police neither filed any charge sheet within the stipulated time nor filed any application for extension of time for investigation. 6. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioners herein, on the following conditions. (i) The petitioners herein shall be released on their executing personal bonds for Rs.10,000/- (Rupees ten thousand only) each with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Narsipatnam. (ii) On release, the petitioners shall appear before the concerned Station House Officer once in a week i.e., on every Sunday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet. 7. Accordingly, the Criminal Petition is allowed.