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Judgment
T Mallikarjuna Rao, J
1) This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/A3, seeking regular bail, in Crime No.29 of 2023 of Annavaram Police Station, Alluri Sitharama Raju District registered for the offences punishable under Sections 20(b)(ii)(C), 25 r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
2) Brief facts of the case are that, on 26.09.2023, the Sub-Inspector of police along with his staff and mediators while conducting vehicle checking near Nimmapadu road turning point of Chinthapalli, found A1 and A2 in possession of 34 gunny bags containing 1,401.600 Kgs of ganja. The contraband along with other material was seized under the cover of mediators report.
3) Heard. Perused the record.
4) Learned counsel for the petitioner submits that the petitioner has been in judicial custody from 11.01.2024 and the statutory period of 180 days has completed and till today no charge sheet is filed. He further submits that only basing on the confessional statement of co-accused the name of the petitioner herein is arrayed as accused.
5) On the other hand, learned Assistant Public Prosecutor has not disputed the said submissions made by the learned counsel for the petitioner and opposed the grant of bail to the petitioner.
6) As seen from the record, the petitioner was remanded to judicial custody on 11.01.2024 and charge sheet has not been filed. The material on record shows that the petitioner has been in judicial custody for 180 days and as the witnesses are said to be official witnesses and the release of the petitioner would not hamper the investigation. It is submitted that the petitioner had permanent abode and there is no possibility of his fleeing away from justice. It is submitted by the learned Assistant Public Prosecutor that the petitioner has no previous criminal antecedents.
7) In view of the aforesaid facts and circumstances, this Court is inclined to grant bail to the petitioner herein with the following conditions:
(i) The petitioner/A3 shall be released on executing a personal bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Chinthapalli.
(ii) On release, the petitioner herein/A3 shall appear before the Investigating Officer concerned once in a fortnight, for a period of four (4) months.
(iii) The petitioner shall co-operate with the investigation.
8) Accordingly, the Criminal Petition is allowed.