Prabhker Papaulu & Others vs State Of Andhra Pradesh, Represented By Its Public Prosecutor, High Court Of Andhra Pradesh At Amaravathi

Venkata Jyothirmai Pratapa, J

This Criminal Petition under Sections 437 and 439 of Code of Criminal Procedure (for short ‘Cr.P.C.’), has been filed by the petitioners/Accused Nos.1 and 4, seeking regular bail in Crime No.31 of 2023 of Sileru Police Station, Visakhapatnam District, registered for the offence punishable under Sections 8(c) read with 20(b)(ii)(C), 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act).

The case of the prosecution in nut shell:

On 26.10.2023, the SI of Sileru Police Station, on receipt of credible information about illegal possession and transportation of ganja, secured the presence of mediators and staff and rushed to TRC Camp village junction and conducted vehicle checking. He found one Eicher van coming from Sileru and proceeding towards Donkarai and by looking at police, the driver of the Eicher van stopped the vehicle at some distance from the police and the inmates in the van tried to escape. Then police apprehended two persons who are A1 and A4 while the others absconded. During the course of interrogation, A1 and A4 disclosed their identity particulars and police seized 61.640kgs of ganja from their possession. After observing all formalities, they were remanded to judicial custody.

Heard Sri G.Maheswararao, learned counsel for the petitioners and Ms. D.Prasanna Lakshmi, learned Assistant Public Prosecutor representing the State/Respondent.

Learned counsel for the petitioners would submit that extension petition which was filed by the investigation agency before the Special Court was dismissed on 14.05.2024. Learned counsel further submits that the petitioners have been in judicial custody for the last 200 days.

Learned Assistant Public Prosecutor would submit that since no further instructions in this matter, the Court may pass appropriate orders.

Considering the submissions made, the Criminal Petition is disposed of by giving liberty to the petitioners to move appropriate application before the Special Court.

On filing such application, the Special Court may pass appropriate orders according to law, since the investigation agency failed to file the charge sheet within the statutory period and their extension application was also dismissed.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.