SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(AP) 422

ANDHRA PRADESH HIGH COURT AT AMARAVATHI
Lalitha Kanneganti, J.
Shaike Bonda Kasa @ Bonda Khaja Muddin - Appellant
Versus
State of Andhra Pradesh - Respondent
Criminal Petition No. 3593 of 2021
Decided On : 14-07-2021

Advocates Appeared:
Kakumanu Joji Amrutha Raju, Advocate

The completion of the investigation and the prolonged incarceration of the petitioner influenced the court's decision to grant bail.

Headnote:

NDPS Act - Regular Bail - The court granted bail to the petitioner/A-4 under certain conditions after considering the completion of the investigation and the petitioner's prolonged incarceration.

Fact of the Case:

The petitioner/A-4 sought regular bail in connection with a case registered under the NDPS Act for the illegal transportation of ganja. The petitioner was arrested based on the confession made by other accused and had been in jail since 21.03.2021.

Finding of the Court:

The court deemed it appropriate to grant bail to the petitioner/A-4 considering the completion of the investigation and the petitioner's prolonged incarceration.

Issues: The main issue was whether the petitioner/A-4 should be granted bail in connection with the NDPS Act case.

Ratio Decidendi: The court considered the completion of the investigation and the petitioner's prolonged incarceration as grounds for granting bail.

Final Decision: The Criminal Petition was allowed, and the petitioner/A-4 was granted bail on certain conditions.

JUDGMENT

Lalitha Kanneganti, J. - This Criminal Petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioner/A-4 in connection with Crime No.554 of 2020 of Makavarapalem police station, Visakhapatnam District, registered for the offence punishable under Section 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").

2. The case of prosecution is that on 03.11.2020, on credible information about illegal transportation of Ganja, the respondent Police along with staff and mediators rushed to RTC Complex, Makavarapalem and while conducting vehicle check police arrested the accused and seized four bags containing 36 KGs of dry ganja while they were transporting the same on Motorcycle without number plate under the cover of mediators report. Basing on the said mediators report, the present crime was registered and sent the accused to judicial custody on the same day. During investigation, the arrested accused confessed about the role of present petitioner in the crime. On 21.03.2021 respondent police received credible information about the presence of petitioner at his house i.e. at Chinnalagedda, Sivalayama Veedhi, Pduguralla Village and arrested him under the cover of mediators report and since then petitioner /A-4 has been languishing in jail.

3. Heard Sri Kakumanu Joji Amrutha Raju, learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner/A-4 submits that the crime was registered on 03.11.2020 and the petitioner was apprehended basing on the confession made by accused 1 to 3. He submits that no contraband is seized from the possession of petitioner and he has been implicated in this case. Further, as the investigation is completed, his case may be considered for grant of bail.

5. On the other hand, learned Assistant Public Prosecutor submits that investigation is almost completed and they are awaiting for RFSL report.

6. Taking into consideration the fact that petitioner is languishing in jail from 21.03.2021 and as the investigation is completed, this Court deems it appropriate to grant bail to the petitioner, on certain conditions.

7. Accordingly, this Criminal Petition is allowed. The petitioner/A-4 shall be enlarged on bail on his executing self bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for a like sum each to the satisfaction of the Court of the Additional Judicial First Class Magistrate, Narsipatnam, Visakhapatnam. On such release, the petitioner/A-4 shall appear before the Station House Officer, Makavarapalem Police Station, Visakhapatnam District once in a week between 10.00 AM and 1.00 PM, till filing of charge sheet.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top