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In the High Court of Andhra Pradesh decided on January 17, 2022 that on only certain conditions the Criminal Petition will be allowed. This was seen in the matter of Arun Sanjeev Versus Station House Officer Criminal Petition No. 15 of 2022 presided over by Hounourable Justice Mr. D. Ramesh.

FACTS OF THE CASE

This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking regular bail to the petitioner/A-1 in connection with Crime No. 164 of 2021 of Golugonda Police Station, Visakhapatnam District, wherein the petitioner is alleged to have committed the offence punishable under Section 20 (b) (ii) (B) r/w 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity “NDPS Act”).

The case of prosecution is that on 12.11.2021 on receipt of credible information about illegal transportation of ganja, the Assistant Sub Inspector of Police, Golugonda Police Station along with staff and mediators rushed to Yetigavirammapeta Junction found A-1 and seized 4.800 KGs of ganja under the cover of a mediators report. Basing on the same, present crime was registered and sent the accused to judicial custody on the same day. During the course of investigation, basing on confession of arrested accused, police arrested the present petitioner on 12.11.2021 and sent him to judicial custody on the same day. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.

 Learned counsel for petitioner submits that 4.800 KGs is alleged to have been seized in this crime. He submits that petitioner is languishing in jail from 12.11.2021. Learned counsel for the petitioner further submits that the petitioner is innocent person and did not commit any offence. He was falsely implicated in this case. The petitioner is ready to produce solvent sureties and he is having permanent residence. Hence, his case may be considered for grant of bail.

Learned Assistant Public Prosecutor submits that investigation is pending. Hence he opposed the petition.

JUDGEMENT

Taking into consideration the fact that petitioner is languishing in jail from 12.11.2021, Court deems it appropriate to grant bail to the petitioner. However, on certain conditions. Accordingly, the Criminal Petition is allowed. The petitioner/A-1 shall be enlarged on bail in connection with Crime No. 164 of 2021 of Golugonda Police Station, Visakhapatnam District, on his executing self-bond for an amount of Rs. 1,00,000/- (Rupees one lakh only) with two sureties for a like sum each to the satisfaction of Judicial First Class Magistrate Court at Narsipatnma, Visakhapatnam District. On such release, the petitioner shall appear before the Station House Officer, Golugonda Police Station, Visakhapatnam District, once in a week i.e. on every Saturday between 10.00 AM and 1.00 PM, till completion of trial.  

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JUDGEMENT REVIEWED BY YAKSHU JINDAL.

Click here to view Judgement.