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Judgment
K.Suresh Reddy, J
Accused Nos.8 and 9 in Cr.No.282 of 2023 of Jangareddigudem Police Station, Eluru District, filed the present criminal petition under Sections 437 & 439 of Cr.P.C., seeking to release them on bail.
The above crime was registered against the petitioners herein and others for the offences punishable under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985.
Case of the prosecution in brief is that, on 19.07.2023 at about 5.00 a.m., on credible information, the Sub-Inspector of Police, Jangareddigudem PS along with his staff and mediators apprehended A.1 to A.9 near Srinivasapuram Bypass Road, who were found in possession of 9 packets of ganja, weighing about 24.000 kgs. After conducting panchanama and after seizing the contraband, the Sub-Inspector of Police arrested all the accused, who were remanded to judicial custody subsequently. It is the further case of the prosecution that A.1 used to procure the ganja from the agency area and used to supply the same to A.2. to A.9, who consumes the same. On the basis of the said allegations, the present crime has been registered against the petitioners and others.
The learned counsel for the petitioners contends that even according to the prosecution, it is A.1, who used to procure ganja from agency area. He further contends that the allegation made against the petitioners in the FIR is that they used to consume the ganja. He further contends that the petitioners did not indulge into transporting or trading the ganja and as such, he requests this Court to enlarge the petitioners on bail, as the petitioners are in judicial custody since 19.07.2023. Further, the learned counsel for the petitioners submitted that Accused Nos.2 to 5 and 7 were already granted bail by this court, vide order, dated 20-09-2023, passed in Crl.P.No.6928 of 2023.
On the other hand, learned Assistant Public Prosecutor, on instructions, states that the petitioners were not involved in similar cases previously.
This Court perused the entire material on record. As the allegation made against the petitioners/A.8 and A.9 is that they are only consumers and they are not involved in transporting or trading the ganja, this Court is inclined to enlarge them on bail, as they are in judicial custody since 19.07.2023, with certain conditions.
(i) Petitioners/A.8 and A.9 shall be released on bail on their furnishing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for the like sum each to the satisfaction of the Judicial Magistrate of First Class, Jangareddigudem.
(ii) After release, petitioners are directed to report before the Station House Officer concerned twice in a week i.e., on every Monday and Thursday between 10.00 a.m. and 01.00 p.m., until further orders.
(iii) They are further directed to cooperate with the Investigating Officer and not to tamper with the prosecution witnesses.
The criminal petition is, accordingly, allowed.