Biju Mahanandia And Others vs State Of Andhra Pradesh

Dr V R K Krupa Sagar, J

This Criminal Petition, under Sections 437 and 439 of Cr.P.C. (New Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioners/A.1 and A.2 seeking regular bail in Crime No.133 of 2024 of Government Railway Police Station, Visakhapatnam District, registered for the offences punishable under Sections 8(c) read with 20(b)(ii)(C) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

Heard Sri G.Maheswara Rao, the learned counsel for petitioners and the learned Assistant Public Prosecutor for respondent-State.

Perused the record.

A perusal of the record indicates that since 20.04.2024 these petitioners/A.1 and A.2 have been in judicial custody. The cause of their arrest was that they were spotted on platform No.8 of Visakhapatnam Railway Station and they were found carrying bags. On verification of them, 16 kgs. of Ganja was found with A.1 and 12 kgs. of Ganja was found with A.2. The contraband was seized. The quantity seized is not a commercial quantity.

Learned counsel for petitioners argued the procedural violations made by the investigating agency.

According to the learned Assistant Public Prosecutor, inventory before the learned Magistrate is not yet done.

Considering the above facts and the length of detention, this Court finds that further detention does not seem necessary. Therefore, prayer is granted.

In the result, this Criminal Petition is allowed. Petitioners herein/A.1 and A.2 shall be enlarged on bail on each executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the learned Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge-Special Judge for trial of offences under NDPS Act, Visakhapatnam. Petitioners/A.1 and A.2 shall mark their attendance before the Investigating Officer on 1st and 15th of every month between 10.00 AM and 1.00 PM till filing of the charge sheet. Petitioners/A.1 and A.2 shall make themselves available for investigation by a police officer as and when required, and they shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. They shall not indulge in similar acts of crime.