Neeli Venkatesh vs State Of Andhra Pradesh

T.Mallikarjuna Rao, J

This Criminal Petition under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/A1 seeking regular bail in Cr.No.274/2023 of Gooty Police Station.

The above said crime was registered against the petitioner/A1 herein and others for the offence punishable under Section 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

The case of the prosecution is as follows:

On 19.10.2023 at 3.00 a.m., on receipt of credible information about selling of Ganja and writing of Matka, the Inspector of Police, Guntakal Rural Circle I/c of Gooty Police Station, along with staff and mediators, reached the Railway Bridge, Pattikonda Road, Gooty R.S., and found some persons sitting under the bridge. On noticing the police, they tried to sulk away and then the police caught hold 7 persons out of them and the remaining 3 persons escaped from the place. On enquiry, the persons who were caught hold of, revealed their identity as A.1 to A.7 and the names of escaped persons as Golla Narayana Swamy (A.8), Chakali Ramanji (A.9) and Gujari Dasthagiri (A.10). On checking, police seized 1.750 grams of Ganja worth Rs.26,000/-, Matka Chits and its amount of Rs.14,000/- and 7 mobile phones from their possession under a cover of mahazamama. Basing on the mahazar, the Inspector of Police, Gooty P.S. registered a case in Crime No.274 of 2023 for the offence under Section 20(b)(ii)(B) read with 8(c) of the NDPS Act and sent the petitioner and other accused to the Court for remand on 20.10.2023.

Learned counsel for the petitioner/A1 contended that the petitioner is aged about 61 years and he was arrested on 20.10.2023 and since then, he is in judicial custody and till date charge sheet is not filed in the present crime even after completion of statutory period of 90 days. He further contended that only 450 grams of ganja said to be seized from petitioner. He, therefore, prays for grant of bail to the petitioner.

On the other hand, learned Assistant Public Prosecutor submits that the total contraband seized from the possession of petitioner and other accused is about 1.750 grams.

Learned counsel for the petitioner/A1 further submits that even if the said contention of the learned Assistant Public Prosecutor is considered, the contraband said to be seized is not the commercial quantity.

Considering the fact that the petitioner has been in judicial custody since 20.10.2023 and even after completion of statutory period of 90 days, the investigating officer failed to complete the investigation and file charge sheet, and that since major part of investigation is completed, this Court is inclined to grant bail to the petitioner.

8) In the result, the criminal petition is allowed with the following conditions.

(i) The petitioner shall be released on executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial First Class Magistrate, Gooty;

(ii) On release, the petitioner shall appear before the Station House Officer, concerned, on every Sunday between 10.00am to 12.00noon for a period of two months;

(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.