AI Structured Summary
Not yet generated for this judgment
Judgment
Venkata Jyothirmai Pratapa, J
Since both the Criminal Petitions are filed, under Section 437 & 439 of Cr.P.C., seeking regular bail, by different accused i.e. Crl.P.No.2573 of 2024 (filed by A.2), and Crl.P.No.2578 of 2024 (filed by A.3), in same crime viz. Crime No.10 of 2024 of G.Madugula Police Station, Alluri Seetharamaraju District, they are being taken up together for disposal by way of this Common Order.
A case has been registered against the petitioners and others for the offences punishable under Section 20(b) (ii) (C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
Case of the prosecution, in brief is that on 04.02.2024, on receipt of credible information about transportation of ganja, the Sub Inspector of police along with staff and mediators and rushed to jeep stand in private jeep and started conducting vehicle checking and found one jeep coming from Annavaram and proceeding towards Paderu and one Alto red colour car and four persons coming in those vehicles and by looking at Police having stopped the vehicles tried to escape. Then the Sub Inspector of police apprehended them with the assistance of his staff. During interrogation, A.1 to A.4 disclosed their address particulars and based on their confessional statements 33 Kgs of Hashish oil/liquid ganja was seized from their possession in the presence of mediators under the cover of mediators report.
Heard Sri K.Pridhviraju, learned counsel for the petitioners/A.2 & A.3 and Ms D.Prasanna Lakshmi, learned Assistant Public Prosecutor representing the respondent/State.
Learned counsel for the petitioners would submit that the petitioners/A.2 and A.3 are drivers. It is alleged that A.1 is doing ganja business and A.1 and A.4 engaged A.2 and A.3 who are the drivers for transportation of ganja. Learned counsel further submits that A.4 was released on bail by the Special Court on 15.03.2024, even serious allegations are made against A.4. Hence, the present petitions may be considered.
Leaned Assistant Public Prosecutor would submit that as per the instructions A.2 and A.3 are involved in smuggling the ganja, but no previous history of their involvement in any other criminal case. The court may pass appropriate orders.
Considering the submissions made and on keen perusal of the material placed on record, A.4 who is similarly placed, was released on bail by the Special Court. The contraband involved in the present case is 33 kgs of liquid ganja. Considering the same, this court is inclined to release the petitioners/A.2 & A.3 on bail on the following conditions:-
i. The petitioner/A.2 in Crl.P.No.2573 of 2024 and the petitioner/A.3 in Crl.P.No.2578 of 2024 shall be released on bail on executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) each with two (02) sureties each for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Paderu;
ii. On release, the petitioners shall appear before the Station House Officer, concerned, once in a week i.e., on every Sunday between 10.00 a.m. and 01.00 p.m., for a period of three (3) months;
iii. The petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses;
iv. It is made clear that the petitioners shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.
Accordingly, both the criminal petitions are allowed.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.