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Judgment
Nyapathy Vijay, J
The present criminal petition is filed under Sections 437 and 439 of Cr.P.C. The petitioners are A.5 and A.6 in Crime No.279 of 2023 of Indrapalem Police Station, Kakinada District. The Crime was registered for the offences under sections 8(c) r/w 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985.
As per the remand report, the petitioners are addicted to Ganja and are doing business of Ganja. In that process, the accused contacted one Jatla Ramu and went to Peddapuram to brought 25 Kgs of Ganja by paying Rs.25,000/- and brought he Ganja to Jana Chaitanya Layout, S.Atchuthapuram of Kakinada Rulral Mandal and separated the Ganja into six separate bags. At that time, the Police seized the Ganja and two motor cycles in the presence of Mediators.
The Police registered the crime and arrested the accused on 12.12.2023. It is also noted that A.1 and A.2 were involved in a crime vide Crime No.106 of 2023 registered under section 34-A of Excise Act on the file of III Town L&O P.S., Kakinada. The accused filed Crl.M.P.Nos.256 of 2024 and 640 of 2024 before the I Additional District and Sessions Judge, Special Judge for Trial of Offences under NDPS Act, Rajamahendravaram, East Godavari District and the same were dismissed on 04.03.2024 and 23.04.2024 respectively. Hence, the present criminal petition.
It is contention of the counsel for the petitioner that no charge sheet is filed even though the petitioners are under arrest for more than 180 days. The learned Special Assistant Public Prosecutor confirmed that no charge sheet is filed nor any extension was fought. In view of the same, the petitioners are entitled for statutory bail, however on following conditions:
i. The petitioners/A.5 and A.6 shall be released on executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the learned V Additional Judicial First Class Magistrate, Kakinada; and
ii. On release, the petitioner shall appear before the Station House Officer concerned, once in seven (7) days till filing of charge sheet and thereafter once in every month till completion of trial; and
iii. The petitioners shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation. 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.
iv. The petitioners shall not go beyond the jurisdiction of the East Godavari District without prior intimation to the Investigating Officer and he shall make himself available of his location through mobile phone by pairing it with the mobile phone of the Investigating Officer as held by the Hon’ble Supreme Court in the case of Puranmal Jat v. State of Rajasthan 2023 SCC Online SC 1418.
With the above conditions, the Criminal Petition is allowed. Consequently, miscellaneous applications, if any, pending shall stand closed.