Shaik Akbar vs State Of Andhra Pradesh

T Mallikarjuna Rao, J

The Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/A1, seeking regular bail, in Crime No.219 of 2023 of Tadepalligudem Town Police Station, West Godavari District.

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

The case of the prosecution in brief, is that:

On 03.11.2023, A1 and A2 went to Dumbriguda of Visakhapatnam and they purchased 5 ganja bundles contain 23Kgs of Ganja from unknown persons, A1 and A2 left from Tadepalligudem, and on 12.11.2023 at about 11.00 a.m., opposite polytechnic college, Tadepalligudem Town, while A1 and A2 were trying to sell the ganja to the public, the police apprehended them in the presence of mediators, and on enquiry they disclosed their identity particulars and confessed the offence, and on the said confession the police seized 5 bundles of Ganja weighing about 23.118Kgs., of Ganja from the possession of A1 and A2 and arrested them in the presence of mediators under the cover of mediators report.

Learned counsel for the petitioner submits that the petitioner has been in judicial custody from 12.11.2023 and the contraband said to be seized from the possession of petitioner herein is not a commercial quantity.

On the other hand, learned Assistant Public Prosecutor opposed to grant bail on the ground that the contraband said to be seized from the possession of petitioner herein is commercial quantity. He further submits that the petitioner herein has no previous crime record.

Considering the rival submissions made, I have gone through the mediator report, wherein it shows that, while petitioner herein/A1 and other accused i.e. A2 were proceeding with bags. On suspicion, the investigation officer stopped them and seized the contraband of 12.758Kgs of ganja from the possession of petitioner herein/A1 and 10.360Kgs of ganja from A2. By going through the contents of the mediators report, this Court is of the view that contraband said to be seized from the possession of the accused individually while they were proceeding with their respective bags, it is somewhat difficult to accept the contention of the learned Assistant Public Prosecutor that the contraband said to be seized from the possession of the petitioner herein/A1 and i.e. A2 is to be considered in total. In the said facts of the case, this Court accepts the contention of the petitioner in this regard. Moreover, the petitioner was arrested on 12.11.2023 and since then he is in jail. Since the petitioner is having permanent abode in Tadepalligudem and there is no possibility of his absconding. Most of the witnesses are shown to be official witnesses and the release of the petitioner would not cause hampering of investigation or threatening of witnesses. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner herein/A1.

Accordingly, the Criminal Petition is allowed. The petitioner shall be released on bail on his executing a personal bond for Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties for the like sum to the satisfaction of the learned I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate of First Class, Tadepalligudem. The petitioner shall appear before the Station House Officer concerned on every Sunday between 10.00 AM and 1.00 PM for a period of three months. The petitioner shall not hamper the investigation and tamper with the prosecution witnesses.