High CourtsSingle Bench(2023) 05 AP CK 0015

Kimudu Sai vs State Of Andhra Pradesh

Andhra Pradesh High Court · Decided on 8 May 2023

HON’BLE JUDGES
K. Sreenivasa Reddy, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 2357 Of 2023

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Judgment

10 paragraphs · 335 words

K. Sreenivasa Reddy, J

1.

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.113 of 2021 of Narsipatnam Rural Police Station, Visakhapatnam district.

2.

A case has been registered against the petitioner herein and others for the offences punishable under Sections 20(b)(ii)(C), 25 read with 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 09.09.2021, at about 10.00 hours, on receipt of credible information, the Head Constable-1118, along with his staff and mediators, while conducting vehicle checking at Gabbada bridge, found A1 to A4 in possession and transportation of 70 Kgs of Ganja in Wagon R Car bearing registration No.DL 3 CA Y 3424. The contraband, along with vehicle and other material, was seized under cover of a mediators report. A1 and A2 were arrested and A3 and A4 absconded from the scene.

4.

Heard. Perused the record.

5.

It is submitted by the learned Assistant Public Prosecutor that major portion of the investigation is completed. The petitioner herein was arrested on 18.11.2022 and since then he has been languishing in jail. Statutory period of 180 days is completed. But, the police neither filed any charge sheet within the stipulated time nor filed any application for extension of time for investigation.

6.

In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner herein, on the following conditions.

(i) The petitioner herein shall be released on bail 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 Metropolitan Sessions Judge, Visakhapatnam.

(ii) On release, the petitioner shall appear before the Station House Officer concerned, once in a week i.e. on every Friday between 10.00 a.m. and 01.00 p.m., till filing of the charge sheet.

7.

Accordingly, the Criminal Petition is allowed.