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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.2 seeking regular bail in Crime No.160 of 2024 of Lalapet Police Station, Guntur District, registered for the offence punishable under Section 8(c) read with 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
Heard Sri G.Sri Harsha, the learned counsel for petitioner and the learned Assistant Public Prosecutor for respondent-State.
Perused the record.
The petitioner – Sri Rajapuruhith Mahendra Singh is stated to be accused No.2. He was arrested on 21.04.2024 and thereafter he was remanded to judicial custody. His three earlier applications before the learned Special Judge, Guntur seeking bail were dismissed. Investigation is under progress. By the time of his arrest, seven witnesses were examined. According to prosecution, he is native of Rajasthan State. However, for the last 15 years he has settled down in Guntur and has been running a tea stall in the name and style of Ashapuri Tea Stall. The allegation is that the raiding party found him in front of his own ship and caught him and recovered from him six packets of Metamfetamine. The total weight of what was found with him was 11.69 gms. The Court below dismissed his bail applications on the premise that it is a commercial quantity. However, during hearing of arguments, it has been admitted by both sides that 2 gms. is small quantity and 50 gms. is commercial quantity and thus, what was seized was more than small quantity and less then commercial quantity in terms of Sl.No.159 of the table vide Notification issued by the Central Government in terms of Section 2 of the NDPS Act on 19.10.2001 in S.O.1055(E). Thus, the premise on which the bail was rejected by the trial Court cannot be said to be correct.
The other allegations of the prosecution are that this petitioner was getting the stock from Sri Devasi Saravan Kumar/A.1. Case diary indicates that the investigation is required to find out the source of supply for A.1. Thus, so far as A.2 is concerned, such part of the investigation is not very much relevant. In the above referred circumstances, considering the progress in investigation and the fact that the petitioner has been in custody for the last more than 3½ months, this Court finds that any continued detention does not seem necessary. Hence, prayer is granted.
In the result, this Criminal Petition is allowed. Petitioner/A.2 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 IV Additional Judicial First Class Magistrate, Guntur. Petitioner/A.2 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.2 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. He must not leave Guntur Town without the permission of the investigation police till charge sheet is filed.