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Judgment
This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) praying this Court to enlarge the petitioners - A1 and A2 on bail in connection with Crime No.89 of 2026 of Alampur Police Station, Jogulamba Gadwal District for the offences punishable under Section 8(c) read with 20(b)(ii)(B), 27(b) of the NDPS Act, 1985.
Heard Sri J.P.Srikanth, learned counsel for the petitioners – A1 and A2 and Sri D. Arun Kumar, learned Additional Public Prosecutor, for respondent - State.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. He further submits that no contraband was recovered from the possession of petitioners/A1 and A2. He further urged that the petitioner No.1 is working as a Physiotherapist at Alampur Town and earning a sufficient income; therefore, there is no need for him to indulge in such activities and that the petitioner No.2 owns agricultural land and derives income from the same. He further contended that the alleged contraband involved in the present case is of an intermediate quantity and entire investigation is completed except filing of FSL report and thus, prayed to enlarge the petitioners – A1 and A2 on bail.
Learned Additional Public Prosecutor submits that the contraband seized in this case is 1002 grams of ganja, which is an intermediate quantity and that the prosecution has already examined L.Ws.1 to 13, including the investigating officer.
It appears from the record that major portion of the investigation is completed and only FSL report is awaited and thus, detaining the petitioners – A1 and 2 further in judicial custody will not serve the purpose.
In view of the aforesaid discussion, the petitioners – A1 and 2 are entitled to be enlarged on bail subject to following conditions:
The petitioners-A1 and 2 shall execute a personal bond for a sum of Rs.10,000/-(Rupees Twenty Thousand only) each with two sureties for a like sum each to the satisfaction of learned Judicial Magistrate of First Class, Alampur.
ii) The petitioners-A1 and A2 shall appear before the concerned SHO between 10:00 a.m. and 5:00 p.m., on every Sunday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter, as and when required.
iii) The petitioners-A1 and A2 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
iv) The petitionera-A1 and A2 shall not directly or indirectly influence, threaten, or induce any of the prosecution witnesses.
In the event of violation of any of the above conditions, the prosecution is at liberty to file an application for cancellation of bail.
Accordingly, this Criminal Petition is allowed.
Miscellaneous applications, if any pending, shall stand closed.