Patya Dhanalaxmi vs State Of Andhra Pradesh

K. Suresh Reddy, J

Accused No.1 in Crime No.67 of 2023 of Special Enforcement Bureau Station, Ichapuram, Srikakulam District, filed the present application under Sections 437 and 439 of the Code of Criminal Procedure, 1973, seeking to release her on bail.

The said crime was registered for the offence punishable under Section 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Physhotropic Substances Act, 1985 (for short “N.D.P.S. Act”).

Heard. Perused the record.

The facts of the case are that on 21.06.2023, the Sub-Inspector of Police, Special Enforcement Bureau Station, Ichapuram, on credible information, raided the premises of the petitioner and A.2 at about 8.35 p.m. and recovered 13.613 Kgs. of dry ganja from their possession. Subsequently, on the confession made by the petitioner, the Sub-Inspector of Police seized 82.497 Kgs. of dry ganja from the possession of A.2 also. After conducting panchanama and after seizing contraband, he arrested both the accused, who were remanded to judicial custody.

Learned counsel for the petitioner contends that the earlier bail applications filed by the petitioner were dismissed by this Court vide orders dated 06.10.2023 and 23.11.2023 vide Criminal Petition Nos.7189 of 2023 and 8778 of 2023. He further contended that the petitioner was arrested on 21.06.2023 and ever since, she is in judicial custody. Though statutory period of 180 days has been completed, the police have not filed the charge sheet. As such, he requests this Court to enlarge the petitioner on bail.

On the other hand, the learned Assistant Public Prosecutor, on instructions, confirms the factum of non-filing of charge sheet by the police.

In that view of the matter, as the police have not filed the charge sheet within the statutory period, this Court is inclined to enlarge the petitioner on bail.

In the result, the Criminal Petition is allowed. The petitioner/A1 shall be released on bail on her executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Ichapuram, Srikakulam District.