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Judgment
Dr. V.R.K. Krupa Sagar, J
This Criminal Petition, under Sections 437 and 439 of Cr.P.C. (New Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioner/A.1 seeking regular bail in Crime No.21 of 2024 of Annavaram Police Station, Alluri Sitharama Raju District, registered for the offences punishable under Sections 20(b)(ii)(B) and 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
Heard Sri P.Raju Babu, the learned counsel for petitioner and the learned Assistant Public Prosecutor for respondent-State.
Perused the record.
A perusal of the case diary indicates that this petitioner/A.1 was arrested and remanded to judicial custody on 28.04.2024. He filed Crl.M.P.No.1136 of 2024 before the learned Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge-Special Judge for trial of offences under NDPS Act, Visakhapatnam. By orders dated 10.07.2024 that was dismissed. Thereafter, the present petition came to be filed. The allegations are that on credible information the investigating agency was checking the vehicles and found two persons coming on a motor bike. On noticing the police party, they were trying to take a turn and go back and in the process the pillion rider fell down and the driver escaped. The person, who was on the ground, was caught and he is the petitioner. From his possession 950 gms. of liquid Ganja/tincture was recovered. As per the case diary, the contraband belonged to the motorist who escaped and in fact both of them have been indulging in this type of activities. The learned trial Court essentially dismissed the petition on the ground that the contraband seized is commercial quantity. However, during the hearing of this application, it is stated by both sides that as per item 23 in the table of the NDPS Act, 950 gms. is more than small quantity and less than commercial quantity.
Considering the length of the detention and the progress in investigation, any continued detention does not seem necessary. Therefore, prayer is granted.
In the result, this Criminal Petition is allowed. Petitioner/A.1 shall be enlarged on bail on executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each to the satisfaction of the learned I Additional District and Sessions Judge-cum- Special Judge for trial of offences under NDPS Act, Visakhapatnam. Petitioner/A.1 shall mark his attendance before the Investigating Officer on 1st and 15th of every month between 10.00 AM and 1.00 PM till filing of the charge sheet. Petitioner/A.1 shall make himself available for investigation by a police officer as and when required, and he shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. He shall not indulge in similar acts of crime.