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2023 DIGILAW 311 (AP)

Thanniru Suseela v. State of Andhra Pradesh

2023-02-03

B.S.BHANUMATHI

body2023
JUDGMENT B.S. Bhanumathi, J. - This Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure, 1973 ('CrPC'), is filed by petitioner/A-9, in Crime No.136 of 2022 of Thallur Police Station, Prakasam District, registered for the offences punishable under Sections 20 (b)(ii) (c), 25 read with Section 8(c) of N.D.P.S Act. 2. Heard the learned counsel for the petitioner/A9 and the learned Assistant Public Prosecutor representing the respondent/State. 3. The case of the prosecution is briefly that on 26-12-2022, on information the complainant (S.I.) went to the house of A1 and found 20 kgs of ganja by peeping through window and that on 31-12-2022, A1 was caught on information and he stated that he let out his house to A2 and A3 and led the police to another place where A2 to A10 were nabbed while trying to flee away on seeing the police and amongst them, A9 was also found in possession of a packet of 1/2 kg of ganja. It is the further case that A11 supplied 120 kgs of ganja to A2 to A5 with the help of car driver A12 and A2 to A5 divided it 30kgs each and sold it, except 20 kgs of A2 and on coming to know it, A3 to A10 came to A2 to buy it. 4. Learned counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner and the material part of the investigation is completed except receiving the report of Analyst. He further submitted that even as per the allegations the petitioner is found in possession of only 1/2 kg of ganja which is a small quantity. The petitioner has been in judicial custody since 31-12-2022. 5. Learned Assistant Public Prosecutor submitted that in this case, there are 12 accused out of whom 10 accused were arrested and A-11 is the person who is supplying in supplying the contraband in huge quantities of hundreds of kilograms. 6. In view of the submissions made on both sides, and by virtue of Section 37(2) of NDPS Act, 1985 r/w 437 Cr.P.C., since the petitioner is a woman, the petitioner is entitled to bail, however, subject to certain conditions. 7. Accordingly, the Criminal Petition is allowed. 6. In view of the submissions made on both sides, and by virtue of Section 37(2) of NDPS Act, 1985 r/w 437 Cr.P.C., since the petitioner is a woman, the petitioner is entitled to bail, however, subject to certain conditions. 7. Accordingly, the Criminal Petition is allowed. The petitioner/A-9, shall be released on bail on her furnishing personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each, to the satisfaction of the learned Judicial Magistrate of First Class, Darsi, Prakasam District, and subject to complying the following conditions: i. The petitioner shall make herself available for interrogation by the Investigating Officer or the police officer concerned as and when required. ii. The petitioner/A-9 shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses. iii. The petitioner/A9 shall not leave the jurisdiction without prior permission of the Court concerned; Pending miscellaneous applications, if any shall stand closed.