Pangi Balu vs State Of Andhra Pradesh

Ravi Cheemalapati, J

This Criminal Petition is filed under Sections 437 & 439 of Criminal Procedure Code (‘Cr.P.C.’ in short), seeking regular bail, by the petitioner/ Accused No.2 in Crime No.35 of 2022 of Special Enforcement Bureau Station, Narsipatnam, registered for the offences punishable under Section 8(c) r/w 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

The case of the prosecution, in brief, is that on 04.02.2022 at about 06.00 hours, the Enforcement Inspector, Special Enforcement Bureau Station, Narsipatnam, along with his staff while conducting route watch at Gabbada bridge of Narsipatnam Mandal, found the petitioner, who is A-2 and another person, in possession of 1.600 kgs of liquid ganja and the same is seized under the cover of a mediators report. Hence, the present crime is registered against the petitioner, who is A-2, along with other accused.

Heard Sri K. Srinivas, learned counsel for the petitioner, and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-State.

In elaboration to what has been stated in the grounds, learned counsel for the petitioner contended that the petitioner, who is A-2, has been languishing in jail since 04.02.2022 and charge sheet is not yet filed in this case and his bail application was dismissed by this Court in Criminal Petition No.4244 of 2022 on the ground that the quantity involved in this crime is a commercial quantity. Learned counsel for the petitioner further contends that in spite of statutory period, the prosecution did not choose to file the charge sheet, nor made an application for extension of time and the rights of the accused accrued will be defeated if the bail is not granted and time and again, the Supreme Court stressed upon that the rights of the accused should be duly taken note of while considering the bail applications.

On the other hand, the learned Special Assistant Public Prosecutor fairly conceded that statutory period for filing charge sheet is already completed and the prosecution did not file any application for extension of time. He opposed the bail application on the ground that if the petitioner is granted bail, he may interfere with the investigation and may not proceed with the trial. Hence, opposed the petition and prayed for dismissal of the same. He further submitted that there are no criminal antecedents prior to this crime.

Taking into consideration the submissions made by both the counsels, as charge sheet is not filed in the statutory period as contemplated and as the prosecution did not chose to file any application seeking extension of time for filing charge sheet and as the petitioner has been languishing in jail since 04.02.2022 and as there are no antecedents, this Court is inclined to grant bail to the petitioner however by duly taking the apprehensions made by the learned Special Assistant Public Prosecutor into consideration with the following conditions:

(i) The petitioner shall be released on bail on his executing self bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for a like sum each to the satisfaction of the learned Metropolitan Sessions Judge – Cum – I Additional District and Sessions Judge –Special Judge for trial of offences under NDPS Act, Visakhapatnam.

(ii) The petitioner shall appear before the Station House Officer, Special Enforcement Bureau Station, Narsipatnam, once in a week on every Sunday between 9.00 a.m. and 12.00 noon, till the charge sheet is filed.

(iii) The petitioner shall not directly or indirectly contact any witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper the evidence and shall co-operate with the trial. Further, the petitioner shall scrupulously comply with the above conditions and if there is breach of any of the above conditions, it will be viewed seriously and it also entails cancellation of the bail and in such case, prosecution shall move appropriate application for such cancellation.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.