N Nawas vs Station House Officer

D.Ramesh, J

This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioners/A-3 and A-7 in connection with Crime No.82 of 2021 of Kothakota Police Station, Visakhapatnam District, wherein the petitioners are alleged to have committed the offence punishable under Section 8(c) r/w 20(b)(ii)(C) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").

The case of prosecution is that on 02.05.2021 on receipt of credible information about illegal possession and transportation of ganja, the Head Constable of Kothakota Police Station along with staff and mediators rushed to Road in front of Sri Venkata Hanuman Family Restaurant, Kothakota Village and while checking the vehicles they arrested the petitioners and seized 55 KGs of dry ganja in three plastic bags while transporting the same in Asta Car bearing No.KL 12L 3322, under the cover of a mediators report. Basing on the said report, present crime was registered.

Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.

Learned counsel for petitioners submits that petitioners are falsely implicated in the case and that they are languishing in jail from 03.05.2021. He further submits that except filing of charge sheet, entire investigation is completed. Hence, petitioners' case may be considered for grant of bail.

Learned Additional Public Prosecutor submits that the quantity involved in this case is 55 KGs which is a commercial quantity, as such, there is bar under Section 37 of the NDPS Act. He further submits that petitioners belong to Kerala State and if they enlarged on bail, it is very difficult for the prosecution to secure their presence during the course of trial. Hence, opposed the bail.

Taking into consideration the fact that the petitioners are languishing in jail from 03.05.2021 and further most of the investigation is completed, this Court deems it appropriate to grant bail to the petitioners. However, on certain conditions.

Accordingly, the Criminal Petition is allowed. The petitioners/ A-3 and A-7 shall be enlarged on bail in connection with Crime No.82 of 2021 of Kothakota Police Station, Visakhapatnam District, on their executing self bonds for Rs.1,00,000/- (Rupees one lakh only) each with two sureties for a like sum each to the satisfaction of the Court of learned Judicial First Class Magistrate, Chodavaram, Visakhapatnam District. On such release, the petitioners shall not leave the State and they shall appear before the Station House Officer, Kothakota Police Station, Visakhapatnam District, once in a week i.e. on every Saturday between 10.00 AM and 1.00 PM, till completion of trial.

Consequently, miscellaneous applications pending, if any, shall stand closed.