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2023 Supreme(Online)(AP) 12109
HIGH COURT OF ANDHRA PRADESH MONDAY ,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 4949 OF 2023 Between:
1. TANGULA BUDDU S/o.Gurru, Age 45 yewars, C/- ST(Kotiya)
Nandivalasa (V), Rangaseela Panchayat, Peda Garuvu Post, Hukumpeta (M), Visakhapatnam ...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH rep. by its P.P.
High Court of Andhra Pradesh through Station House Officer, Rural Police Station, Nuzvid, Krishna District.
...RESPONDENTS Counsel for the Petitioner(s): TORATI SHANMUKHA PRASANNA Counsel for the Respondents: PUBLIC PROSECUTOR (AP)
The Court made the following: ORDER THE HON’BLE SRI JUSTICE K. SURESH REDDY CRIMINAL PETITION No. 4949 OF 2023
ORDER:
This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/A-3, seeking regular bail, in Crime No.94 of 2023 of Nuzvid Rural Police Station, Krishna District.
2. The above said Crime was registered against the petitioner herein for the offence punishable under Sections 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
3. The case of the prosecution is that on 21.03.2023, at about 06.00a.m., on receipt of credible information, the Sub-Inspector of Police, Nuzvid Rural Police Station, along with his staff and mediators apprehended the Accused Nos.1 to 3 near Marribandam village on Nuzvid-Hanuman Junction, SH-28 Road, who were found in possession of 1.00 kgs of liquid Ganja and 4.00 kgs of dry Ganja. After conducting panchanama, the S.I. of Police arrested all the three accused and they were remanded to judicial custody subsequently.
4. The learned counsel for the petitioner contends that, as the total contraband seized from all the three accused is 1.00 kg of liquid Ganja(hashish oil) and 4.00 kgs of dry Ganja and as the petitioner is in judicial custody since 21.03.2023, learned counsel for the petitioner requested this Court to enlarge the petitioner on bail.
5. On the other hand, the learned Special Assistant Public Prosecutor on instructions states that, the petitioner has not involved in similar Crimes previously.
6. In that view of the matter, as only 1.00 kg liquid Ganja (hasish oil) and 4.00 kgs of dry Ganja was seized from the possession of all the three accused and further the petitioner is in judicial custody since 21.03.2023, this Court is inclined to enlarge the petitioner on bail, with the following conditions.
(i) The petitioner herein shall be released on bail on his executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the I Additional Judicial First Class Magistrate, at Nuzvid.
(ii) On release, the petitioner shall appear before the Station House Officer concerned, twice in a week i.e., on every Monday and Thursday between 10.00 a.m. and 01.00 p.m., until further orders.
(iii) Further, the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses.
7. Accordingly, the Criminal Petition is allowed.
___________________________ SRI K.SURESH REDDY, J Date: 24.07.2023 SRT THE HON’BLE SRI JUSTICE K. SURESH REDDY CRIMINAL PETITION No. 4949 of 2023 Date: 24.07.2023.
SRT
