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Judgment
K. Suresh Reddy, J
This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, has been filed by the petitioner/A-2, seeking regular bail, in Crime No.197 of 2023 of Ramachandrapuram Police Station, Dr.B.R.Ambedkar Konaseema District.
A case has been registered against the petitioner herein and others for the offence punishable under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Physhotropic Substances Act, 1985 (for short “N.D.P.S. Act”).
Heard. Perused the record.
On a perusal of the material available on record, it goes to show that on 10.07.2023, at about 11.00 A.M., the Sub-Inspector of Police, Ramachandrapuram Police Station along with his staff and mediators while conducting raids at the road leading from Ramachandrapuram to Chodavaram Village, observed Accused Nos.1 to 5 holding bags in their hands and on seeing the police, A1 to A5 tried to escape. Then, the Sub-Inspector of Police apprehended them with the help of the staff and seized 21.623 kgs of Ganja from the possession of A1 to A5. It is further the case of the prosecution that Accused No.1 is cultivating and selling the Ganja and Accused No.2 is transporting the said Ganja from Accused No.1 and Accused Nos.3 to 5 used to purchase the same. After conducting panchanama and after seizing the contraband, the Sub-Inspector of Police arrested all the five accused, who were remanded to judicial custody thereafter.
Learned counsel for the petitioner contended that the petitioner was arrested on 10.07.2023 and ever since, he is in judicial custody. He further contended that his earlier bail application was dismissed by this Court by order dated 16.10.2023 vide Criminal Petition No.7768 of 2023. He states that subsequently this Court granted bail to A-5 and A-4 vide Criminal Petition No.8965 of 2023 and 8444 of 2023 dated 28.11.2023. As such, he further contended that the entire contraband involved in the present crime is 21.623 kgs. of Ganja, which is little bit higher than non-commercial quantity. As such, he requests this Court to enlarge the petitioner on bail.
On the other hand, the learned Assistant Public Prosecutor did not dispute the factum of granting bail to A5 and A4 by this Court.
Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner also on bail on certain conditions.
In the result, the Criminal Petition is allowed. The petitioner/A2 shall be released on bail on his 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 Additional Judicial Magistrate of First Class, Ramachandrapuram. The petitioner is further directed not to tamper with the prosecution witnesses and he should cooperate with the Investigation Officer.