ORDER:

This Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure (for short ‘the Code’), has been filed by the petitioner/A.1, seeking regular bail in Crime No.149 of 2023 of Rolugunta Police Station, Anakapalli District, registered for the offence punishable under Section 20(b) (ii) (C) and Section 25 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

2. The case of the prosecution, in brief, is that on 30.11.2023, on credible information about illegal transportation of ganja, the Sub Inspector of police along with staff and mediators rushed to Nindugondu Junction and started vehicle checking. At about 8.00 a.m., he found one person coming on Pulsari Bike and by looking the police, he turned the bike and escaped. At the same time, one person coming in an auto, on seeing the police, he applied sudden brakes and tried to escape by turning his auto. Then the police apprehended the person in auto. At the same time, another person coming on scooty, tried to escape on seeing the police, by leaving his scooty. During interrogation, the person, who apprehended from the auto disclosed his address particulars. Based on his confession, 88 kgs of ganja was seized from his possession. The police registered the above crime.

3. Heard Sri J.Krishna Praneeth, learned counsel for the petitioner and Sri V.Farooq Khan, learned Assistant Public Prosecutor representing the respondent/State.

4. Learned counsel for the petitioner submits that the petitioner has been in judicial custody from 27.02.2024 and except the confessional statement, no other material has been collected showing the involvement of the petitioner in the commission of the offence.

5. Learned Assistant Public Prosecutor opposes to grant bail to the petitioner on the ground that the investigation is not completed and CDRs have to be collected and the contraband involved in this case is 88 kgs.

6. Learned Assistant Public Prosecutor points out that there is involvement of the petitioner previously in Crime No.40 of 2017. Thus, in recent past, no crime has been registered against him, except this crime. Learned counsel would submit that A.3, who was similarly placed was granted bail by a Coordinate Bench of this Court vide Order dated 22.04.2024 in Crl.P.No.2393 of 2024. 7. It is submitted that the petitioner has got permanent abode at Rajavommangi village and there is no possibility of him from flying away the jurisdiction of the court. It can be seen that most of the witnesses are official witnesses and the release of the petitioner would not cause hampering of investigation or tampering of witnesses.

8. Considering the above factors, this Court is inclined to grant bail to the petitioner/A.1 with the following conditions:

i. The petitioner/A.1 shall be released on bail on his executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) with two (02) sureties for a like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class Narsipatnam;

ii. On release, the petitioner/A.1 shall appear before the Station House Officer, concerned, once in a week i.e., on every Sunday between

10.00 a.m. to 01.00 p.m. for a period of three (03) months;

iii. The petitioner 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 witnesses and shall not tamper evidence and shall co-operate with the investigation;

iv. It is made clear that the petitioner(s) shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.

10. Accordingly, the Criminal Petition is allowed.

________________________________ VENKATA JYOTHIRMAI PRATAPA, J

MVA

THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.3735 of 2024 DATE : 30.05.2024 MVA