Allowed

Darbar Singh v. State of Andhra Pradesh

Andhra Pradesh HC14 Mar 2023CRLP/1496/2023

Case brief

AI extract

What is this about?

The Apex Court of Andhra Pradesh, Amaravati, granted anticipatory bail to the petitioner in a non-bailable offence under NDPS Act. The bail was conditional upon execution of personal bond, cooperation with investigation, and appearance before the SHO every Sunday.

What did the court decide?

Petitioner to execute personal bond for Rs. 10,000/- with two sureties, appear before SHO every Sunday, and cooperate with investigation without threatening or obstructing.

Darbar Singh Vs State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2023)

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be,*=

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT TUESDAY ,THE FOURTEENTH DAY OF MARCH

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TWO THOUSAND AND ll^/ENTY THREE

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:PRESENT:

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THE HONOURABLE SRI JUSTICE KrSREENIVASA REDDY

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CRIMINAL PETITION NO: 1496 OF 2O23

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Between:

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Darbar Singh, S/o. Gordhan Singh, aged about 37 Years, R/ o. Ram Nagar, Avas Mahindpur, Uttain District, Madyapradesh 456550

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...Petitioner/Accused 3

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AND

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state of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P.Amaravathi

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...Respondent

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petition under section 438 of Cr.P.C, praying that in the circumstances Stated in the Memorandum of grounds filed in support of the Criminal Petition, the High court may be pleased to direct release of the petitioner on bail in the event of his arrest pursuant to registration of in crime No. 527 of 2019 of Proh & Excise (SEB)Station Narsipatnam,

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The Petition coming on for hearing, upon Perusing the Petition and the Memorandum of grounds filed in support thereof and upon hearing the arguments Of KAKUMANU JOJI AMRUTHA RAJU Advocate for the Petitioner, PUBLIC PROSECUTOR, for the Respondent, The Court made the following.

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THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY

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This criminal petition, under section 438 Cr.P.a., has been filed by the petitioner/A3, seeking anticipatory bail, in crime No.527 of 2019 of prohibition and Excise (SEB) station, Narsipatnan.

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A case has been registered against the petitioner herein and others for the offence punishable under section 8(c) read with 20(b)(ii)(a) of the Narcotic Drugs and psychotropic substances Act, 1985 (for short NDPS Act').

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case of the prosecution, in brief, is that, on 12.ll.2019 at about 8.30 AM, on credible information, the sub-Inspector of police, STF NDPS Cell, Anakapalli along with his staff aLnd mediators reached Narsipatnan Government college and arrested Al and A2 while they were illegally transporting Ganja in a lorry bearing registration No.RJ O9 GH 9834 and seized 25O kgs of Ganja from their possession under cover of a mediator's report. on interrogation, Al confessed that he purchased the Ganja from the petitioner herein who is A3 and was transporting the sane.

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Learned counsel for the petitioner submits that only basing on the confession statement by A1, the petitioner was falsely implicated in the present crime.

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On the contrary,learned Assistant Public Prosecutor submits that the contraband that is seized from the petitioner/Al is about 25O KGs of Ganja, which is a commercial quantity.

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Heard. Perused the record.

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Basing on the confessional Statement Of A.1, name of the petitioner has been shown as one of the accused in the subject crime. Even as per the confessional Statement Of co-accused, the accusation is that they were transporting 5O gunny bags with 5 KG of ganja in a lorry belonging to the petitioner. Basing on cC' Book of the subject lorry, the petitioner has been shown as an accused in the subject crime. The crime was registered On 12.ll.2019. Though the crime of of the year 2O19, police have not found any "incriminating material as against the Petitioner. The mediators' report goes to show that the accused have confessed that they were transporting ganja and nowhere it has been found that the same has been done at the instance of the petitioner. considering these aspects, this court feels that the request Of the Petitioner for grant Of anticipatory bail can be ®considered, however, On Certain conditinos.

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Accordingly, the Criminal Petition is allowed. In the event of his arrest in the aforesaid crime, the petitioner shall be released on ball on his executing a Personal bond for a sum of Rs.10,00O/- (Rupees ten thousand Only) with two sureties each for the like sum, to the satisfaction nf the

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Q>es . I Qfust

arresting officials. The petitioner shall attend before the I station House Officer concerned, on every sunday between lO.00 AM and 5.OO PM, till filing of the charge sheet. The Petitioner Shall co-operate with the investigation

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The petitioner shall not directly or indirectly make any threat, inducement or promise to any of the witnesses acquainted with the facts of the case so as to dissaude them from disclosing such facts to the court or to police officer, and he shall not obstruct or hamper the police inve stigati o n .

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Sd/- G. SRINJVAS REDDY ASSISTANT2vFvflsTRAR

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//TRUE COPY//

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To,

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Fc...__ SECTIONOFFICER i

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The Additional District & Sessions Judge-Gum-Specl'aI Judge for Trial of Narcotic Drugs and psychotropic substance Act-Case At Visakhapatnam

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2, The Station House Officer, Prohibition and Excise (SEB) Statl'on, hl-p-I-JI- \ /I_ _ I INarsipatnam, visakhapatnam Distr]'ct -----I---I-I-J -'uLIV'l,

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COqtO

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TOo#no:ecCs::astr?eocSopRpJyBffiCKUp#A;Ns:cJuO+bARYHRIUgIHcAou¥:fUAAnddvh:a?aE:a[doeps#3uT] i

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HIGH COURT

SRK,J

DATED: 14/03/2023

ANTICIPATORY BAIL ORDER

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CRLP.No.1496 of 2023

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ALLOWED

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I.-_.`-.A.

Darbar Singh v. State of Andhra Pradesh

Case brief

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Darbar Singh v. State of Andhra Pradesh

Case brief

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