Allowed

Surla Hymavathi v. The State of Andhra Pradesh

Andhra Pradesh HC16 Jul 2021CRLP/3291/2021

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner arrested for illegal transportation of ganja under the NDPS Act. The court noted that investigation was completed and the charge sheet filed, and released the petitioner on a personal bond with two sureties subject to weekly appearance.

What did the court decide?

Petitioner released on bail on self bond of Rs.50,000 with two sureties of like sum; must appear at police station once a week.

Surla Hymavathi Vs The State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2021)

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HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI

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CRIMINAL PETITION No.3291 of 2021

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ORDER:

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This Criminal Petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking regular bail to the petitioner/A-3 in connection with Crime No.16 of 2021 of Dachepalli Police Station, Guntur District, registered for the offence punishable under Section 20(b)(ii) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity “NDPS Act”).

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The case of prosecution is that on 20.01.2021, on credible information about illegal transportation of Ganja, the Sub Inspector of Police, Dachepalli Police Station along with staff and mediators rushed to Andhra Pradesh Border police Checkpost, Pondugula village and while conducting vehicle check, they found one car bearing No.AP 39GX 3744 transporting ganja, seized 44 KGs of ganja and arrested the accused Nos.1 and 2 under the cover of mediators report. Basing on the said mediators report, the present crime was registered and sent the accused to judicial custody on the same day. During investigation, the arrested accused confessed about the role of present petitioner/A-3 in the crime. On 27.03.2021, police arrested A-3 and sent her to judicial custody.

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Heard Sri Medisi Ratnarao, learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent-State.

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Learned counsel for the petitioner submits that petitioner was arrested and remanded to judicial custody on 27.03.2021

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and since then she has been languishing in jail. Petitioner is no way concerned with the contraband that is alleged to be seized and she is falsely implicated in this case.

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On the other hand, learned Assistant Public Prosecutor submits that investigation is completed and charge sheet also filed.

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Taking into consideration the fact that petitioner is languishing in jail from 27.03.2021 and as the investigation is completed and charge sheet is also filed, this Court deems it appropriate to grant bail to the petitioner, on certain conditions.

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Accordingly, this Criminal Petition is allowed. The petitioner/A-3 shall be enlarged on bail in Crime No.16 of 2021 of Dachepalli Police Station, Guntur District, on her executing self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Court of the Additional Judicial Magistrate of First Class, Gurazala, Guntur District. On such release, the petitioner/A-3 shall appear before the Station House Officer, Dachepalli police station, Guntur District once in a week between 10.00 AM and 1.00 PM, till completion of trial.

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___________________________ LALITHA KANNEGANTI, J

Date: 16.07.2021 sj

THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI

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CRIMINAL PETITION No.3291 of 2021

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Date: 16.07.2021

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Surla Hymavathi v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Surla Hymavathi v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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