Asalam Khan vs State Of Andhra Pradesh

K.Suresh Reddy, J

This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioners/Accused Nos.1, 2 and 4, seeking regular bail, in Crime No.10 of 2023 of Moothugudem Police Station, East Godavari District.

A case has been registered against the petitioners herein and others for the offence punishable under Sections. 8(c) read with 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

Heard. Perused the record.

On a perusal of the material available on record, it goes to show that on 14-03-2023 on receipt of credible information, the Sub-Inspector of Police, Moothugudem Police Station along with staff and mediators apprehended petitioners and 50 kgs of Ganja was seized from their possession. After conducting panchanama and after seizing the contraband, the Police arrested the petitioners, who were remanded to the judicial custody.

The learned counsel for the petitioners submits that though 180 days have elapsed from the date of remand, the police have not filed charge sheet. Subsequently, the prosecution sought for extension of time by filing an Interlocutory Application before the court below and the court below extended the time for a period of one month from 13-09-2023. Further, the learned counsel for the petitioners submitted that inspite of completion of extended period also, the prosecution has not filed the charge sheet. Hence, therefore, requests this court to enlarge the petitioners on bail.

Per contra, the learned Special Assistant Public Prosecutor, on instructions, confirms the non-filing of the charge sheet even after extended period.

In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioners/Accused Nos.1, 2 and 4, on the following conditions.

(i) The petitioners herein shall be released on bail on their executing personal bonds for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial First Class Magistrate, Rampachodavaram.

(ii) On release, the petitioners shall appear before the Station House Officer concerned twice in a week i.e., on every Monday and Friday between 10.00 a.m. and 01.00 p.m., until further orders.

(iii) Further, the petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses.

Accordingly, the Criminal Petition is allowed.