High CourtsSingle Bench(2024) 10 AP CK 0025

Kailash Chandra Balal vs State Of Andhra Pradesh, SHO, S. Kota PS, Visakhapatnam, Rep. By Its PP

Andhra Pradesh High Court · Decided on 19 October 2024

HON’BLE JUDGES
K.Sreenivasa Reddy, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 5766 Of 2024

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Judgment

10 paragraphs · 370 words

K.Sreenivasa Reddy, J

1.

This Criminal Petition, under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A2, seeking regular bail in Crime No.92 of 2024 of S. Kota Police Station, Vizianagaram district.

2.

A case has been registered against the petitioner herein and others for the offence punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

3.

Case of the prosecution, in brief, is that, on 06.04.2024, at about 6.30 hours, on credible information, the Sub-Inspector of Police, S. Kota Police Station, along with his staff and mediators, rushed to Pandirappanna junction and while conducting vehicle checking, they found A2 to A4 in possession and illegal transportation of 200 Kgs of Ganja in a Bolero Goods Vehicle bearing registration No.RJ 09 GE 0080 coming from Araku side. The contraband, along with vehicle and other material, was seized under cover of a mediators report and a case was registered against the accused.

4.

Learned counsel for the petitioner submits that the petitioner herein/A2 was arrested on 06.04.2024 and he is languishing in the jail for more than 180 days. The entire investigation is over except filing of charge sheet.

5.

The learned Assistant Public Prosecutor, while opposing the bail petition, concurred with the fact that the petitioner was arrested on 06.04.2024 and since then he is in jail.

6.

Heard. Perused the record.

7.

The entire investigation is completed except filing of charge sheet. Petitioner was arrested on 06.04.2024 and since then he is in jail. Statutory period of 180 days has completed.

8.

In view of the aforesaid facts and circumstances of the case, the petitioner can be released on bail.

9.

Accordingly, the Criminal Petition is allowed. The petitioner/A2 shall be released on bail on his executing a personal bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, S. Kota. On such release, the petitioner/A2 shall appear before the Station House Officer concerned once in a week i.e., on every Sunday between 10.00 AM and 5.00 PM till filing of the charge sheet.