Nadigatla Hanumantha Rao v. State of Andhra Pradesh
2024-12-06
V.R.K.KRUPA SAGAR
body2024
DigiLaw.ai
JUDGMENT /ORDER : This criminal petition under Sections 437 and 439 of Cr.P.C., is filed seeking to enlarge the petitioner herein/A4 on bail in Crime No.148 of 2022 of Nakkapalli Police Station, registered for the offences punishable under Section 20(b)(ii)(c) read with Section 8(c) of the NDPS Act, 1985. 2. Heard Sri Mandali Chiranjeevi Babu, learned Counsel for the petitioner and Sri M. Lakshmi Narayana, learned Public Prosecutor for the respondent-State. 3. Perused the record. 4. On hearing learned Counsel on both sides and on perusal of the record, it is seen that on 11.06.2024 a vehicle was intercepted and a huge quantity of 560 Kgs., of Ganja was recovered and A1 was arrested and was remanded to the judicial custody. The present petitioner is A4. On 27.08.2024, he was arrested and was remanded to the judicial custody. As remand report discloses no part of the contraband was recovered or any material connecting the petitioner to the contraband was recovered from A4. Despite the fact that there elapsed four months, the prosecution is unable to show one single admissible piece of evidence pointing out the guilt of the petitioner herein. The State opposed the bail application only on the confession of co-accused which the learned Public Prosecutor has been a statutely proposing as if it is evidence. This Court is unable to countenance the stand taken by the State. While confession of co-accused may give a lead for the State to investigate, it does not always mean that they can ask for detention being continued for months together on that. Despite inept investigation by the Police who detected nothing as against this petitioner, the State in routine contests the pleas for liberty. That is the cause of flooding of this Court with innumerable number of bail applications. 5. In the light of the above facts and circumstances, this Court finds that any continued detention does not seem necessary especially when it is incumbent upon the petitioner to stand for trial and defend himself which requires liberty for him. Hence, prayer is granted. 6. In the result, this criminal petition is allowed.
5. In the light of the above facts and circumstances, this Court finds that any continued detention does not seem necessary especially when it is incumbent upon the petitioner to stand for trial and defend himself which requires liberty for him. Hence, prayer is granted. 6. In the result, this criminal petition is allowed. The petitioner herein/A4 shall be enlarged on bail on executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) with two sureties of the like sum each to the satisfaction of the Court of Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge-Special Judge for trial of offences under NDPS Act, Visakhapatnam. The petitioner shall co-operate with the trial of the case. On release, the petitioner shall appear before the Station House Officer, concerned, once in a week i.e., on every Sunday between 10:00 a.m. and 01:00 p.m., for a period of three (3) months. The petitioner shall make himself available for investigation as and when required and that they shall not cause any threat, inducement or promise to the prosecution witnesses. 7. Interlocutory applications, if any pending, in the criminal petition, shall stand closed.