Kuda Lalibabu vs State Of Andhra Pradesh

Subba Reddy Satti, J

This is an application filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) to enlarge petitioner on bail.

The petitioner is A5 in crime No. 77 of 2022 of SEB Station, V.Madugula, Visakhapatnam District, registered for the offences punishable under Sections 8(c) r/w Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the ‘NDPS Act’).

The case of the prosecution in brief is that on 30.03.2022 at the crime scene one auto and four motor vehicles were found. A5/petitioner drove the motor cycle bearing registration No.AP 35 N3196. 50 packets of dry ganja, each packet contains 2.300 grams, was recovered from his possession. The total contraband recovered at the scene of crime was approximately 115 KGs and the petitioner was apprehended on the same day. Petitioner filed application under Sections 437 and 439 Cr.P.C. vide Crl.P.No.4015 of 2022 and the same was dismissed on 21.06.2022. After dismissal of earlier application, the present application is filed again under Section 437 and 439 Cr.P.C.

Heard Sri G.Arun Showri, learned counsel for the petitioner and Sri Mithileswar Reddy, learned Assistant Public Prosecutor for the respondent-state.

Learned counsel for the petitioner would contend that this is second bail petition before this Court and the earlier bail petition vide Crl.P.No.4015 of 2022 was dismissed by order, dated 21.06.2022. He would further submit that the entire investigation is almost completed, except filing of charge sheet. He would further submit that the petitioner has been in judicial custody for more than 180 days and he is entitled for default bail since the charge sheet was not filed.

Learned Assistant Public Prosecutor would submit that 115 KGs of dry ganja, which is recovered from the possession of petitioner, is commercial quantity and prayed to dismiss the petition.

Taking into consideration as the charge sheet is not filed within the statutory period of 180 days as contemplated under Section 36A (4) of the NDPS Act and the accused No.1 to 4 were already enlarged on bail and as petitioner is languishing in jail for the last 226 days, this Court deems it appropriate to grant bail to the petitioner on certain conditions.

Accordingly, this Criminal Petition is allowed. The petitioner/A5 shall be enlarged on bail in connection with Crime No.77 of 2022 of SEB Station, V.Madugula, Visakhapatnam District, on executing self bond for Rs.50,000/-(Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of learned Judicial Magistrate of First Class, V.Madugula, Visakhapatnam. On such release, the petitioner/ A5 shall appear before Station House Officer, SEB Station, V.Madugula, Visakhapatnam District, once in a week between 09.00 AM and 3.00 PM, till filing of charge sheet.