Ghenu Kumbhar vs State Of Andhra Pradesh

K. Sreenivasa Reddy, J

1) This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/Accused No.13, seeking regular bail, in Crime No.29 of 2022 of Munchingiput Police Station, Visakhapatnam District.

2) A case has been registered against the petitioner and others for the offence punishable under Sections 20(b)(ii)(C) r/w 25, 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

3) Brief facts of the case are that, on 09.06.2022 at 04.00 p.m., on reliable information, Assistant Sub-Inspector of Police, Munchingiput Police Station with staff and mediators proceeded to Labburu Junction, Munchingput Mandal and while conducting vehicle checking, found the petitioner and others transporting 684 Kgs of Ganja in Mahindra Bolero Vehicle bearing No.OR 10 A 3773. A5 to A13 were arrested and contraband was seized under the cover of a mediators report.

4) Heard. Perused the record.

5) The petitioner was arrested on 10.06.2022 and since then he is in judicial remand. The statutory period of 180 days has been completed. The learned Special Assistant Public Prosecutor submitted that police have not filed any extension petition for investigation.

6) In view of the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/Accused No.13, on the following conditions.

(i) The petitioner/Accused No.13 shall be released on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Paderu.

(ii) On release, the petitioner shall appear before the Station House Officer, Munchingiput Police Station, Visakhapatnam District, once in a week i.e., on every Sunday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet.

(iii) The petitioner 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.

7) Accordingly, the Criminal Petition is allowed.