High CourtsSingle Bench(2024) 12 AP CK 0020

Mohammad Eajaz vs State Of Andhra Pradesh

Andhra Pradesh High Court · Decided on 27 December 2024

HON’BLE JUDGES
K Suresh Reddy, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No: 7733 Of 2024

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Judgment

11 paragraphs · 352 words

K. Suresh Reddy, J

1.

Accused No.3 in Crime No.113 of 2024 of Rampachodavaram Police Station, Alluri Sitharama Raju District (erstwhile East Godavari District) filed the present criminal petition seeking his release on bail. The said crime was registered for the offence under Section 8(c) read with 20 (b)(ii)(c) of NDPS Act.

2.

The case of the petitioner is that on 26.09.2024 at about 6.30 p.m., Sub-Inspector of Police, Rampachodavaram Police Station, on credible information, apprehended the petitioner, who is in possession of 20 kgs of ganja. During the course of investigation, the petitioner confessed stating that he procured 20 kgs of ganja from accused Nos.1 and 2. After conducting panchanama and after seizing the contraband, the petitioner was arrested and remanded to judicial custody.

3.

The learned counsel for the petitioner contends that the contraband seized from the possession of the petitioner is only 20 kgs. and it is non-commercial quantity. She further contends that the petitioner was arrested on 26.09.2024 and ever since, the petitioner is in judicial custody. As such, she requested this Court to enlarge the petitioner on bail.

4.

On the other hand, the learned Additional Public Prosecutor opposed the bail application.

5.

This Court perused the material on record. As the contraband seized from the petitioner is 20 kgs, which is non-commercial quantity and as he is in judicial custody since 26.09.2024, this Court is inclined to grant bail to the petitioner with certain conditions.

i) The petitioner/Accused No.3 shall be released on bail on his executing a personal bond for Rs.25,000/- (Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial First Class Magistrate, Rampachodavaram.

ii) On release, the petitioner shall appear before the Station House Officer, Rampachodavaram on every Monday and Thursday between 10.00 a.m. to 1.00 p.m. until further orders or till the filing of the charge sheet.

iii) Further, the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses.

6.

Accordingly, the Criminal Petition is allowed.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.