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Judgment
Nyapathy Vijay, J
The present application is filed under Sections 437 and 439 of Cr.P.C. The petitioners are the accused Nos.1 and 2 in Crime No.129 of 2024 of Duvvada P.S. Visakhapatnam District. The Crime was registered for the offences under sections 8(c) r/w 20(b)(i)(ii)(B) and section 25 of Narcotic Drugs and Psychotropic Substances Act, 1985.
As per the remand report, the S.I. of Duvvada P.S., check post team and SST team and videographer were performing vehicle checking on 10.04.2024 as part of their duties in view of the general elections, 2024. In the said process, they were checking APSRTC Bus bearing AP29Z 3077 found one couple in suspicious manner and upon checking them, they found 7 packets of ganja from them. The quantity of ganja seized is 14 kgs and the accused are husband and wife and residents of Banglore.
The Police accordingly registered the crime on 10.04.2024 and the accused were arrested on 10.04.2024.
It is contended by the learned counsel for the petitioner that no charge sheet was filed even though the petitioners are under judicial custody since 10.04.2024 for more than 60 days. The Special Assistant Public Prosecutor, in response stated that no charge sheet was filed nor any extension was sought for filing charge sheet.
In view of the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/Accused No.4, on the following conditions:-
i. The petitioner/Accused No.4 shall be released on executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the learned VIII Additional Chief Metropolitan Magistrate at Gajuwaka, Visakhapatnam city.
ii. On release, the petitioner shall appear before the Station House Officer concerned, once in a month till filing of charge sheet and thereafter once in every two months till completion of trial; and
iii. The petitioner shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation. It is made clear that the petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.
iv. The petitioners shall make themselves available of their location through mobile phone by pairing it with the mobile phone of the Investigating Officer as held by the Hon’ble Supreme Court in the case of Puranmal Jat v. State of Rajasthan 2023 SCC Online SC 1418.
With the above conditions, the Criminal Petition is allowed.
Consequently, miscellaneous applications, if any, pending shall stand closed.