ORDER:

This Criminal Petition is filed by petitioners/A1 to A4 under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C’), seeking bail in Crime No.07 of 2023 of Nandyal III Town Police Station, Nandyal District, registered on 15.01.2023 for the offence punishable under Section 20(b)(ii)(C) of NDPS Act, 1985.

2. Heard the learned counsel for the petitioners/A1 to A4 and the learned Assistant Public Prosecutor representing the respondent/State.

3. The case of the prosecution is that on 15.01.2023, the police have found four men and one woman trying to sulk away on seeking the police jeep and then they were caught by the police. It is further case that A1 to A5 were individually in possession of 3kgs, 2kgs, 2kgs, 3kgs and 5kgs of ganja respectively and collectively 15 kgs of ganja.

4. Learned counsel for the petitioners submitted that a false case was foisted against them and they were implanted though they have not committed any offence at all and that the material part of the investigation is completed.

5. Learned Assistant Public Prosecutor opposed the petitioner and submitted that though the individual quantity of contraband as well as the total quantity of contraband seized is above small quantity and below commercial quantity, the petitioners do not deserve bail as they have criminal antecedents. He submitted that A1 is involved in 3 more offences under NDPS Act, as follows:

i. Crime No.32 of 2015 under Section 20(b) of NDPS Act of Allagadda Rural Police Station.

ii. Crime No.15 of 2015 under Section 20(b) of NDPS Act of Allagadda Rural Police Station.

iii. Crime No.200 of 2019 under Section 20(b)(ii)(B) of NDPS Act of Mydukur Rural Police Station of Kadapa District.

6. He further submitted that A4 is involved in 26 crimes which are mostly under APG (Matka) Act, Gaming Act and NDPS Act. Therefore, he opposed the grant of bail.

7. Perused the record.

8. The accused were found in different quantities of ganja and it is only against A1 and A4, there are reports of criminal antecedents and whereas A2 and A3 have no such backdrop. Thus, the petitioners/A2 and A3 can be enlarged on bail, however, subject to certain conditions.

7. In the result, the Criminal Petition is partly allowed in favour of A2 and A3. The criminal petition by A1 and A4 is dismissed. The petitioners/A2 and A3 (Guduru Sanjeeva S/o Sanjeeva Rayudu; Chikti Venkata Kumar S/o Venkata Pullahiah) shall be released on bail on their furnishing personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for the like sum each, to the satisfaction of the learned Judicial First Class Magistrate, Nandyal and subject to complying the following conditions:

(i) The petitioners/A2 and A3 are directed to appear before the Station House Officer, Nandyal III Town Police Station, Nandyal District, on every Sunday between 10:00 AM and 05:00 P.M. starting from the day of his release until further orders or charge sheet is filed, whichever is earlier.

(ii) The petitioners/A2 and A3 shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witness.

(ii) The petitioner/A2 and A3 shall not leave the jurisdiction without prior permission of the Court concerned.

Pending miscellaneous applications, if any, shall stand closed.

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B.S.BHANUMATHI, J Date:06-03-2023 GSP Ms. JUSTICE B S BHANUMATHI THE HON’BLE CRL. P.No. 1044 of 2023

06.03.2023 GSP