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2024 DIGILAW 342 (AP)

Saddam Khan v. State of Andhra Pradesh

2024-03-11

T.MALLIKARJUNA RAO

body2024
ORDER : 1. This Criminal Petition under Sections 437 and 439 of Cr.P.C. has been filed by the petitioners/A1, A4 to A8 seeking regular bail in Cr. No. 309/2023 of Tirupathi East Police Station, Tirupathi District. 2. The above said crime was registered against the petitioners herein and others for the offence punishable under Section 457, 380, 382 IPC read with 120(B) IPC and Sec. 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’), 24A, 24B, 25(IA), I(AAA) Indian Arms Act 1959. 3. The case of the prosecution is as follows: On 14.9.2023 at about 3.15 am, some unknown offenders criminally gained entrance into the State Bank of India's ATM near Canara Bank, Dhanalakshmi Nagar CMS Infra System SBI ATM, cuts the machine safe door with gas cutter and committed theft of cash of Rs. 18,26,500/- and escaped with the same. On receiving information, Inspector of Police, Tirupathi Rural Police Station registered this case in Cr. No. 309/2023. On receiving credible information about carrying of ganja, the Inspector of Police, Tirupati Rural Police Station accompanied by staff and mediators rushed to the front yard of Garudadri Apartments, besides Renigunta-Chandragiri 150 Bye-pass road, Tirupati Rural Mandal by 10 am on 12.10.2023 and there they noticed on EECO car without registration number on the road side, 2 persons are in it and two persons standing outside, chit chatting with each other. On seeing police, they tried to escape. Then police apprehended them and on enquiry they disclosed their names and address particulars who are A1, A4 to A6. They further confessed that they committed several offences accompanied by A7 and A8. Police arrested A1, A4 to A6 and seized cash of rupees two lakhs and a car. Basing on their confession, police arrested A7 and A8 at Tirupati Cuddapah Road and seized a lorry bearing no. RJ 11 GC 0013, country made gun, 11kgs of ganja from the cabin and 10 kgs from another lorry, gas gun, gas cylinder, arrested them and sent them to judicial remand. 4. Basing on their confession, police arrested A7 and A8 at Tirupati Cuddapah Road and seized a lorry bearing no. RJ 11 GC 0013, country made gun, 11kgs of ganja from the cabin and 10 kgs from another lorry, gas gun, gas cylinder, arrested them and sent them to judicial remand. 4. Learned counsel for the petitioners contended that even according to the case of the prosecution, the seized property is not of commercial quantity as 10kgs of ganja was seized from one lorry and 11kgs from another lorry and the petitioners were arrested on 13.10.2023 and since then they are in jail and prays to enlarge them on bail. 5. On the other hand, learned Assistant Public Prosecutor opposes to grant bail on the ground that the seized contraband is commercial quantity and the petitioners are habitual offenders and several crimes in Andhra Pradesh as well as in other States were registered against them. 6. Heard both sides. 7. Now, the point for consideration is: Whether the petitioners/A1, A4 to A8 can be released on grant of bail? POINT: 8. Perused the entire material on record. 9. The allegation made against the petitioners is that on 14.9.2023 at about 3.15am, some unknown offenders criminally gained entrance into the State Bank of India's ATM near Canara Bank, Dhanalakshmi Nagar CMS Infra System SBI ATM, cuts the machine safe door with gas cutter and committed theft of cash of Rs. 18,26,500/- and escaped with the same. During the course of investigation, on 20.9.2023, the Investigating Officer received report of the Finger Print Expert, Finger Print Unit, C.I.D. Tirupati District. During the course of comparison, the photo chance print marked concerned in the said case is found identical with the left little finger impression, marked as S-10 on the finger print record slip marked S of a previously arrested person i.e. A1. During the course of investigation, the Investigating Officer seized cash of rupees two lakhs from the possession of A1, A4 to A6, one EECO vehicle with engine no. G13BBN191707 in Cr. No. 624/2023 of Tiruvallur police station and mahazarnama was drafted. 10. During the course of investigation, the Investigating Officer seized cash of rupees two lakhs from the possession of A1, A4 to A6, one EECO vehicle with engine no. G13BBN191707 in Cr. No. 624/2023 of Tiruvallur police station and mahazarnama was drafted. 10. According to the case of the prosecution, on credible information about transportation of ganja, the Inspector of Tirupati Rural Police Station accompanied by mediators at 10.00am on 12.10.2023 noticed one EECO car without registration number on the road side, 2 persons are in it and two persons standing outside, chit chatting with each other. On seeing police, they tried to escape. Then police apprehended them and on enquiry they disclosed their names and address particulars who are A1, A4 to A6. They further confessed that they committed several offences accompanied by A7 and A8. Police arrested A1, A4 to A6 and seized cash of rupees two lakhs and a car. Basing on their confession, police arrested A7 and A8 at Tirupati Cuddapah Road and seized a lorry bearing no. RJ 11 GC 0013, country made gun, 11kgs of ganja from the cabin and 10 kgs from another lorry, gas gun, gas cylinder, arrested them and sent them to judicial remand. 11. Basing on the accusation made at this stage it is difficult to come to a conclusion that the contraband said to be seized from the possession of the accused cannot be considered as non-commercial quantity. On the other land learned Assistant Public Prosecutor placed a document containing list of cases registered against the petitioners herein. It shows that 12 crimes have been registered against A7 and A8 under Sections 457 and 380 IPC, similarly three cases have been registered against A1 and A4 pertaining to the year 2023 and another six cases have been registered against A1 and A4 under Sections 457 and 380 IPC and another six cases have been registered against A1, A5 and A7. 12. 12. Considering the grave nature of the accusation made against the petitioners, and their alleged involvement in several crimes and as statutory period of 180 days is not yet expired, at this stage this Court finds force in the submissions of the learned Assistant Public Prosecutor that the release of the accused would cause hampering of investigation and furthermore, the material placed on record suggests that accused persons said to be involved in various offences, in the said facts, this Court is not inclined to grant bail to the petitioners at this stage. 13. In the result, the criminal petition is dismissed.