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Andhra Pradesh High Court – Amravati

NAKKAMADHU @ POTTI vs THE STATE OF ANDHRA PRADESH

BENCH – HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

CRIMINAL PETITION No. 3491 of 2023

DATE OF JUDGEMENT – 25 MAY 2023

FACTS

This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner, seeking regular bail, in Mummidivaram Police Station, B R Ambedkar Konaseema District.

A case has been registered against the Petitioner for the offence punishable under section 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

On credible information received on 05.03.2023 at 02.30 p.m., Sub- Inspector of Police, Mummidivaram Police Station, along with his staff and mediators while conducted a raid at Annampaly Old Aqueduct, Annampally Village of Mummidivaram Mandal, where they found the petitioner/Accused No.1 in possession of 23.950 Kgs of Ganja. The material was seized under the cover of a mediators report and accused were remanded to judicial custody.

The relevant provisions followed in this case are as follows: –

Section 437 of Criminal Procedure Code

It deals with the powers of the trial court and of the Magistrate to whom the offender is produced by the police or the accused surrenders or appears, to grant or refuse bail to person accused of, or suspected of the commission of any non-bailable offence.

Section 439 of Criminal Procedure Code

Special powers of High Court or Court of Session regarding bail.

(1) A High Court or Court of Session may direct-

(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in subsection (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section;

(b) that any condition imposed by a Magistrate when releasing an person on bail be set aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.

(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.

JUDGEMENT

In this case, the court was inclined to grant bail to the petitioner on the following terms and conditions, dated 20.4.2023.

(i) The Petitioner shall be released on executing a personal bond for Rs.10,000/- with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Mummidivaram.

(ii) On release, the Petitioner shall appear before the Station House Officer concerned, once in a week i.e., on every Friday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet.

(iii) Under no circumstances the Petitioner should threaten the witnesses directly or indirectly; any such attempt to do so will be interpreted as an attempt to influence the witnesses. The Petitioner also must not tamper with the evidence and must assist the inquiry.

It is made clear that the Petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. Accordingly, the Criminal Petition was allowed.

JUDGEMENT REVIEWED BY HARSHIT JAIN 

Click here to view judgement

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