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Judgment
Dr. V.R.K. Krupa Sagar, J
This Criminal Petition, under Sections 437 and 439 of Cr.P.C. (New Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioner/A.1 seeking regular bail in Crime No.122 of 2024 of Makavarapalem Police Station, Anakapalli District, registered for the offence punishable under Section 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
Heard arguments of Sri Ramineni Sudheer, the learned counsel for petitioner and the learned Assistant Public Prosecutor for respondent-State.
Perused the record.
Regular bail petition of this petitioner in Crl.M.P.No.1677 of 2024 was dismissed by the learned Special Judge for trial of offences under NDPS Act, Visakhapatnam on 06.08.2024. Then he moved Crl.P.No.5679 of 2024 before this Court. By order dated 27.08.2024 this Court dismissed the petition granting him liberty to move the Court below. Thereafter the petitioner filed Crl.M.P.No.2153 of 2024 and the learned Special Judge by order dated 17.09.2024 dismissed the same. It is therefore the petitioner/A.1 has come up with this regular bail petition.
Record discloses that from the bathroom of the house of this petitioner the police officers seized 40 kgs. of Ganja on 08.07.2024. He was arrested and was remanded to judicial custody.
Learned Assistant Public Prosecutor representing the State opposed the prayer.
Learned counsel for the petitioner argued about the procedural violations and seeks bail.
It is seen that when the contraband was seized, the seizing officer was obliged to comply with Section 52A of the NDPS Act and seek inventory and drawing up of samples before the learned Magistrate. However, in violation of the said mandate the seizing officer himself drew the samples at the place of seizure. In offences where the punishment is larger the procedure prescribed is required to be complied with very scrupulously. In the case at hand, those procedural safeguards were overlooked by the investigation officer. The petitioner has been in judicial custody for the last 5½ months. Even the prescribed period of remand of 180 days is nearing its completion. As per the record, the investigation is almost over. Considering all these aspects, this Court finds that any continued detention does not seem necessary. Hence, prayer is granted.
In the result, this Criminal Petition is allowed in the following terms:
The petitioner/A.1 shall be enlarged on bail on executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of the learned I Additional District and Sessions Judge – cum - Special Judge For Trial of Offences under NDPS Act, Visakhapatnam.
The petitioner shall mark his attendance before the investigating officer on 1st and 15th of every month between 10.00 AM and 1.00 PM for a period of three months or till filing of the charge sheet whichever is earlier.
The petitioner shall make himself available for investigation as and when required and he shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case to dissuade them from disclosing such facts to the Court or to any police officer.
The petitioner shall not indulge in similar acts of crime.
The petitioner must regularly participate in the pre-trial and trial process without fail before the competent Court.