Jithuka Pavan 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 petitioner/A-4, seeking regular bail, in Crime No.119 of 2023 of Amalapuram Town Police Station, East Godavari District.

A case has been registered against the petitioner herein and others for the offences punishable under Sections. 8(c) read with Section.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 05-03-2023 at about 1.15 P.M the Inspector of Police, Amalapuram Town P.S along with his staff and mediators apprehended Accused Nos.1 to 7, who were found in possession of 21 kgs of Ganja at Savaram Bye pass road, Amalapuram. After conducting panchanama, the accused were arrested and subsequently they were remanded to the judicial custody.

The learned counsel for the petitioner states that the contraband seized from the possession of Accused Nos.1 to 7 is 21 kgs, which is little bit more than non-commercial quantity. Further, the learned counsel for the petitioner states that the petitioner is in jail since 06-03-2023. Further, the learned counsel for the petitioner states that Accused Nos.2, 3 5 to 7 were already enlarged on bail by this court. Therefore, the learned counsel for the petitioner seeks to enlarge the petitioner on bail.

Per contra, the learned Special Assistant Public Prosecutor did not dispute the grant of bail to the Accused Nos.2, 3, 5 to 7 by this court. Further, the learned Special Assistant Public Prosecutor states that previously the petitioner is not involved in any similar type of cases.

In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/Accused No.4, on the following conditions.

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

(ii) On release, the petitioner 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 petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses.

Accordingly, the Criminal Petition is allowed.