Allowed

Raj Kumar v. Station House Officer

Andhra Pradesh HC7 Feb 2022CRLP/17/2022

Case brief

AI extract

What is this about?

The Court allowed criminal petitions for bail filed by accused persons charged under the NDPS Act. Ruling that the investigation exceeded the 180-day limit without filing a charge sheet, the Court granted default bail on the condition of executing a bond and appearing periodically at the police station.

What did the court decide?

Released on bail on executing self-bond for Rs. 2,00,000 with two sureties, with conditions to remain within the State and appear before the SHO fortnightly.

Raj Kumar Vs Station House Officer — Narcotics (NDPS) | Andhra Pradesh HC (2022)

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THE HONOURABLE SRI JUSTICE D.RAMESH

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CRIMINAL PETITION Nos.17 and 25 of 2022

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COMMON ORDER:

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The Criminal Petition No.17 of 2022 is filed by the petitioners/Accused Nos.2 to 4 and the Criminal Petition No.25 of 2022 is filed by the petitioners/Accused Nos.5 and 6 under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short „Cr.P.C.‟) seeking regular bail in connection with Crime No.23 of 2021 of Sileru Police Station, Visakhapatnam District, wherein the petitioners are alleged to have committed the offence punishable under Section 20(b)(ii)(C) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity “ NDPS Act ”).

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The case of the prosecution is that on 17.07.2021 the Assistant Sub-Inspector of Sileru Police Station received credible information about transportation of Ganja illegally, secured staff, mediators and went to ITI Junction, Sileru Village and while conducting patrolling, arrested the petitioners/A2 to A6 at 4.15 p.m., and seized five white colour gunny bags i.e., 1^st bag containing 32 kgs of dry Ganja, 2^nd bag containing 32.5 kgs of dry Ganja, 3^rd bag containing 32.4 kgs of dry Ganja, 4^th bag containing 32.55 kgs of dry Ganja and 5^th bag containing 32.1 kg of dry Ganja, in total 161.55 kgs of dry Ganja under the cover of mediators report. Accordingly, the petitioners were arrested and seized property were taken to the Sileru Police Station. Basing on the said mediators report, the Sub-Inspector of Police registered the FIR in Crime No.23 of 2021 on 17.07.2021 at 7.00 p.m., for the

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offences punishable under Section 20(b)(ii)(C) r/w 8(c) of the NDPS Act. Subsequently, the petitioners have made an application before the Metropolitan Sessions Judge-cum-I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in Crl.M.P.Nos.1086 of 2021 and 1087 of 2021 for regular bail. The said petitions were dismissed by the Court below on 05.08.2021.

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The learned counsel appearing on behalf of the petitioners has submitted that the petitioners were arrested on 17.07.2021 and they were remanded to judicial custody and they were in jail more than 200 days and in fact, the investigation has already been completed, but the respondent authorities have not filed charge sheet. In view of the same, the petitioners are entitled for default bail.

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The learned Assistant Public Prosecutor appearing on behalf of the respondent-State contended that all the petitioners are belonging to other state and they are habitual offenders. He submits that the contraband that is seized from the possession of the petitioners is 161.55 kgs, which is commercial quantity and investigation is not completed and if the petitioners are released on bail, it is very difficult for the prosecution to secure their presence at the time of trial. He further submitted that the police have already filed an application seeking extension of time, but the said application was dismissed by the Court below on 27.01.2022.

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Taking into consideration the fact that the contraband that is seized from the petitioners is 161.55 KGs, police failed to

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file charge sheet within 180 days. Further the petitioners are languishing in jail from 17.07.2021, the petitioners are entitled for default bail, on certain conditions.

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Accordingly, the Criminal Petition is allowed. The petitioners/A-2 to A-4 in Crl.P.No.17 of 2022 and the petitioners/A5 and A6 in Crl.P.No.25 of 2022 shall be released on bail in connection with Crime No.23 of 2021 of Sileru Police Station, Visakhapatnam District, on executing self bond for Rs.2,00,000/- (Rupees two lakhs only) each with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Chinthapalli, Visakhapatnam District. On such release, the petitioners shall not leave the State and they shall appear before the Station House Officer, Sileru Police Station, Visakhapatnam District, once in fortnight i.e., on every Second and Fourth Saturdays between 10.00 AM and 1.00 PM, till completion of trial.

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Consequently, miscellaneous applications pending, if

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any, shall stand closed.

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______________________ JUSTICE D.RAMESH

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Date: 07.02.2022 SDP

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THE HONOURABLE SRI JUSTICE D.RAMESH

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CRIMINAL PETITION Nos.17 & 25 of 2022

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07-02-2022

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SDP

Raj Kumar v. Station House Officer

Case brief

What is this about?

What did the court decide?

Raj Kumar v. Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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