ORDER:

This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/Accused No.1, seeking regular bail in Crime No.91 of 2023 of Chagalamarri Police Station, Nandyal District.

2. The above Crime was registered against the petitioner herein and others for the offence punishable under Section 8 (c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

3. Brief facts of the case are that on 03.07.2023, on receipt of credible information, the Sub-Inspector of Police, Chagalamarri Police Station along with staff and mediators apprehended Accused Nos. 1 and 2 near Muthyalapadu Bus Stop, Chagalamarri Mandal, Nandyal District, who were found in possession of 1.2Kgs of Ganja. After conducting panchanama and after seizing the contraband, the Police arrested both the Accused, who were remanded to judicial custody thereafter.

4. The learned counsel for the petitioner contended that the contraband seized from the possession of both the Accused is 1.2Kgs of Ganja, which is a Non-commercial quantity and further he is in judicial custody since 03.07.2023. As such, the learned counsel for the petitioner requested this Court to enlarge the petitioner/

A-1 on bail.

5. On the other hand, the learned Special Assistant Public Prosecutor, on written instructions, states that the petitioner/Accused No.1 was not involved in any other similar crimes previously.

6. This Court perused the entire material on record.

7. Taking into consideration the facts and circumstances of the case and as the contraband seized from the possession of both the Accused is 1.2Kgs of Ganja and further the petitioner is in judicial custody since 03.07.2023, this Court is inclined to enlarge the petitioner/Accused No.1 on bail, on the following conditions.

(i) The petitioner/Accused No.1 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 learned Judicial First Class Magistrate, Allagadda, Kurnool District.

(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.

8. Accordingly, the Criminal Petition is allowed.

___________________________ SRI K.SURESH REDDY, J Date: 16.08.2023 RSI/TSNR THE HON’BLE SRI JUSTICE K. SURESH REDDY CRIMINAL PETITION No. 5248 of 2023 Date: 16.08.2023.

RSI/TSNR