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2023 Supreme(AP) 551
ANDHRA PRADESH HIGH COURT AT AMARAVATI
K. Sreenivasa Reddy, J.
Santosh Yadav – Appellant
Versus
State of Andhra Pradesh – Respondent
Criminal Petition No. 133 of 2023
Decided On : 25-01-2023
Mekala Anusha, Advocate
The quantity of the seized substance and the progress of the investigation are crucial factors in determining bail applications under the NDPS Act.
Headnote:
NDPS Act - Bail Application - The court granted bail to the petitioner under Sections 437 and 439 of Cr.P.C. in a case registered under Section 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) based on the quantity of Ganja seized and the progress of the investigation.
Fact of the Case:
The petitioner was seeking regular bail in a case registered for the offence punishable under Section 20(b)(ii)(C) read with 8(c) of the NDPS Act. The petitioner was arrested for the possession of 32 Kgs of Ganja and had been in jail since the arrest.
Finding of the Court:
The court granted bail to the petitioner based on the alleged quantity of Ganja seized and the progress of the investigation. The court imposed conditions for the petitioner's release, including executing a personal bond and appearing before the concerned Station House Officer once a week.
Issues: Bail application under Sections 437 and 439 of Cr.P.C. in a case registered under NDPS Act for possession of Ganja.
Ratio Decidendi: The court considered the quantity of Ganja seized and the progress of the investigation as grounds for granting bail to the petitioner.
Final Decision: The Criminal Petition seeking bail was allowed, and the petitioner was granted bail with specified conditions.
JUDGMENT
K. Sreenivasa Reddy, J. - This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/A1, seeking regular bail, in Crime No.228 of 2022 of Visakhapatnam GRP Station, registered for the offence 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').
2. Brief facts of the case are that, on 25.08.2022, in between 20.00 hours and 22.00 hours, on credible information, the RPF SI, Visakhapatnam GRP Station, along with his staff and mediators, proceeded to Loco End FOB, Platform No.4, Visakhapatnam Railway Station and found two cardboard boxes at the place. Then, he opened the boxes and found 32 Kgs of Ganja in 16 packets, worth Rs.64,000/-. On enquiry, he came to know that A1 booked those two cardboard boxes in the name of A2. The contraband was seized under cover of a mediators report.
3. Heard. Perused the record.
4. The petitioner was arrested on 02.09.2022 and since then he has been languishing in jail. The alleged quantity of Ganja seized from the possession of the petitioner is 32 KGs. It is submitted by the learned Assistant Public Prosecutor that as many as five witnesses were examined and major portion of investigation is completed and for want of RFSL report, the Investigating Agency has not filed charge sheet.
5. 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 herein shall be released on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned VI Metropolitan Judicial Magistrate for Railways, Visakhapatnam.
(ii) On release, the petitioner shall appear before the concerned Station House Officer once in a week i.e., on every Sunday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet.
6. Accordingly, the Criminal Petition is allowed.
