High CourtsSingle Bench(2023) 05 AP CK 0022

Rajnesh (A9) & Others vs State Of Andhra Pradesh

Andhra Pradesh High Court · Decided on 8 May 2023

HON’BLE JUDGES
K. Sreenivasa Reddy, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 3043 Of 2023

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Judgment

10 paragraphs · 340 words

K. Sreenivasa Reddy, J

1.

This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioners/A-9 and A-10, seeking regular bail, in Crime No.37 of 2022 of Donkarai Police Station, Alluri Sitharama Raju District.

2.

A case has been registered against the petitioners herein and others for the offence punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

3.

Brief facts of the case are that, on 04.10.2022, at about 02.00 PM, opposite to Sri Vana Kanaka Durga Temple of Donkarai, at Boddagandi Panchayat, Y. Ramavaram Mandal, A2 to A12 were apprehended while they were found in possession of 49 travel bags containing 600 Kgs of Ganja worth of Rs.18,00,000/-. The contraband, along with other material, was seized under cover of a mediators report. A1 to A12 were arrested on 04.10.2022 and they were remanded to judicial custody on 05.10.2022.

4.

Heard. Perused the record.

5.

The petitioners herein were arrested on 04.10.2022 and since then they are languishing in jail. Statutory period of 180 days is completed, but the police did not file any charge sheet in the present crime. It is submitted by the learned Assistant Public Prosecutor that the police filed an application before the lower Court seeking extension of time for investigation, but so far no orders have been passed thereon.

6.

In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioners herein, on the following conditions.

(i) The petitioners herein shall be released on bail on their executing personal bonds for Rs.10,000/- (Rupees ten thousand only) each with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Rampachodavaram.

(ii) On release, the petitioners shall appear before the Station House Officer concerned once in a week i.e. on every Friday between 10.00 a.m. and 01.00 p.m., till filing of the charge sheet.

7.

Accordingly, the Criminal Petition is allowed.