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Judgment
K. Sreenivasa Reddy, J
1) The Criminal Petition, under Sections 437 & 439 of the Code of Criminal Procedure, 1973, is filed on behalf of the petitioner/Accused No.1 to grant bail in connection with Crime No.336 of 2022 of Arilova Police Station, Visakhapatnam.
2) A case has been registered against the petitioner and another for the offence punishable under Section 20 (b) (ii) (C) of the NDPS Act, 1985.
3) Brief facts of the case are that, on 11.08.2022 at 3.30 P.M., on credible information, the Sub-Inspector of Police, Arilova Police Station, along with his staff, was conducting raid and found four zip bags containing green dry leaves, stems and dry flowers in 15 brown packets which were emitting smell of Ganja packets. On that the accused were taken into judicial custody and seized the Ganja packets from the possession of the petitioner and another.
4) Heard. Perused the record.
5) It is submitted that the petitioner was arrested on 11.08.2022 and since then he is in judicial custody. It is also submitted by the learned Special Assistant Public Prosecutor that major portion of the investigation is completed and a formal charge sheet to be filed.
6) In view of the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner, on the following conditions.
(i) The petitioner/Accused No.1 shall be released on his executing personal bond for Rs.10,000/- (Rupees Ten thousand only) with two sureties for a like sum each to the satisfaction of the Metropolitan Sessions Judge-cum-I Additional District & Sessions Judge – Special Judge for trial of offences under NDPS Act, Visakhapatnam;
(ii) On release, the petitioner shall appear before the Station House Officer, Arilova Police Station, Visakhapatnam District, once in a week i.e. on every Sunday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet.
(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.
7) Accordingly, the Criminal Petition is allowed.
Miscellaneous applications, pending if any, shall stand closed.