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Judgment
T Mallikarjuna Rao, J
This Criminal Petition under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/A2 seeking regular bail in Crime No.17 of 2024 of Araku Police Station.
The above said crime was registered against the petitioner and others for the offence punishable under Section 8(c) read with 20(b)(ii)(c), 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
Case of the prosecution, in brief, is that on 21.02.2024, on receiving credible information, the Sub-Inspector of police along with his staff and mediators rushed near Sunkara Metta Check Post Area of Araku Village of Alluri Sitharama Raju District and found the accused in possession 150 Kgs of ganja. The contraband was seized under the cover of mediators report.
Heard. Perused the record.
Learned counsel for the petitioner submitted that this Court in Crl.P.No.4082 of 2024, vide order, dated 08.07.2024 granted bail to A1 on the ground that while drawing samples, procedure has not been followed as contemplated under Section 52A of the NDPS Act. The case of the present petitioner herein i.e. A2 is also on the same footing as that of A1. On the other hand, Learned Assistant Public Prosecutor has not disputed the said contention.
In view of the aforesaid facts and circumstances of the case, since the case of the present petitioner is also on the same footing as of A1 who was already granted bail by this Court, this Court is inclined to grant bail to the petitioner herein, on the following conditions.
i. The petitioner shall be released on executing a personal bond for Rs.40,000/- (Rupees forty thousand only) each with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Arakuvalley.
ii. After release, the petitioner shall appear before the investigating officer concerned once in a fortnight i.e., on 1st and 15th of every month between 10.00 AM and 1.00 PM, till filing of the charge sheet.
iii. The petitioner shall make himself available for interrogation by a police officer as and when required, and he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade him from disclosing such facts to the court or to any police officer. He shall not indulge himself in similar type of offences.
Accordingly, the Criminal Petition is allowed.