V vs State Of Andhra Pradesh

K. Sreenivasa Reddy, J

This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/A2 , seeking regular bail, in Crime No.188 of 2022 of Yeleswaram Police Station, Kakinada district.

A case has been registered against the petitioner herein and others 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’).

Brief facts of the case are that, on 18.07.2022, at about 7.00 AM, on reliable information, the Sub-Inspector of Police, Prathipadu conducted raid in the presence of mediators near Peravaram centre on Tuni - Rajahmundry road at the outskirts of Yerravaram village of Yeleswaram Mandal, and found A1, A4 and A5 in possession and illegal transportation of 24 KGs of Ganja in 3 bags. The same was seized by the police under cover of a mediators report and a case has been registered against the accused. The petitioner/A2 was arrested on 20.02.2023 and sent to judicial remand.

Heard.  Perused the record.

Learned counsel for the petitioner submits that the petitioner is innocent and he is no way connected with the alleged offence and he is falsely implicated in the present crime based on the confession made by co-accused.

On the contrary, learned Special Assistant Public Prosecutor opposed the petition on the ground that investigation is not completed.

A perusal of the record would go to show that no contraband is seized from the possession of the petitioner herein, and based on the confession made by the co-accused, the petitioner herein is implicated in the present crime. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner herein on the following conditions.

i) The petitioner/A2 shall be released on bail on his executing a personal bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Prathipadu.

ii) On release, the petitioner shall appear before the Station House Officer concerned once in a week i.e. on every Friday between 10.00 AM and 1.00 PM till filing of the charge sheet.

Accordingly, the Criminal Petition is allowed.