High CourtsSingle Bench(2023) 05 AP CK 0023

Sajid Ali & Others vs State Of A.P.

Andhra Pradesh High Court · Decided on 8 May 2023

HON’BLE JUDGES
K. Sreenivasa Reddy, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 3053 Of 2023

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Judgment

10 paragraphs · 364 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-5 to A-7, seeking regular bail, in Crime No.66 of 2022 of Moothugudem 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 25.09.2022, at about 2.00 P.M, at Gondigudem Junction, Kothapalli Panchayat, Chinturu Mandal, while conducting vehicle checking by the Sub-Inspector of Police, Mothugudem Police Station, A-3 to A-7 were found transporting 175 Kgs of Ganja worth of Rs.5,25,000/- in 7 plastic bags in Maruti Suzuki SX4 Car bearing registration No.MH 6 AL 1610 from Sukumamidi village to Uttar Pradesh State. The contraband, along with vehicle and other material, was seized under cover of a mediators report. A3 to A7 were arrested on 25.09.2022 and they were sent to judicial custody on 26.09.2022. A1 and A2, who are also involved in the offence, are absconding.

4.

Heard. Perused the record.

5.

The petitioners herein were arrested on 25.09.2022 and sent to judicial custody on 26.09.2022. Since then they have been languishing in jail. Statutory period of 180 days is completed. It is submitted by the learned Assistant Public Prosecutor that the police have 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 First Class Magistrate, Rampachodavarm.

(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.