Allowed

JudhestiHantal at Dubbu v. The State of Andhra Pradesh

Andhra Pradesh HC14 Aug 2023CRLP/5203/2023

Case brief

AI extract

What is this about?

Single judge allowed bail to accused persons charged with narcotic offences under Section 8(c) read with 20(b)(ii)(C) of NDPS Act, 1985. The court granted bail after police failed to file the charge sheet within the statutory period, imposing personal bond and surety conditions.

What did the court decide?

Release of petitioners on bail subject to executing a personal bond of Rs. 25,000 each with two sureties and appearing twice weekly before SHO.

JudhestiHantal at Dubbu Vs The State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2023)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAI MONDAY ,THE FOURTEENTH DAY OF AUGUST ll^/O THOUSAND AND ll^/ENTY THREE

¶2

:PRESENT:

¶3

THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 5203 OF 2023

¶4

Betwee n :

¶5

JudhestiHantal @ Dubbu, S/o-Arjur_ Hantal, Aged-21 years, Doragada RSC 20, Nuaguda, Chitrakonda Block, Malkangiri District, Odisha State

¶6

Manik` Saradar, S/ o- SukumarSaradar, Age- 26 years, MPV - 7 VillageNalagunthiPanchayatj, MV-79, Malkangiri District, Odisha State.

¶7

Sadhu Golari, S/o- Golan Krishna, Aged- 41 years, Ambapadai, Ampadar, Gunthawada, Malkar_giri D-IStriCt, Odisha State.

¶8

Baran Ray, S/o- Basant RayRay, age- 25 years, MPV 74 Village NalagunthiPanchayati, MV-79 t`Police Station, Malkangiri District, Odisha State.

¶9

Petitioner/A2, A3,A7,A8

¶10

i-,'rAND

¶11

The State of Andhra PradeshM Rep.by:its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ,

¶12

`'-+ 1 Respondent

¶13

Petition under Sections 437 and 439 of Cr.P.C, praying that in the circumstances stated ®ln the memorandum of grounds filed in support of the Cr'lminal Petition, the High Court may be Pleased to release the petitioners/A2,A3,A7,A8 on bail in connection with Crime No.3 of 2023,On the file of Mothugudem Police Station,East Godavari District .

¶14

The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon heart-ng the arguments of Sri KADIYAM NEELAKANTESWARA-,:-RAO Advocate for the Petitioners and of public prosecutor for Respondent, the Court made the following ORDER

¶15

THE HON'BLE SRI JUSTICE K. SURESH REDDY

¶16

CRIMINAL PETITION No. 52O3 OF 2O23

¶17

ORDER:

¶18

This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioners/A-'2, A-3, A-7 and A-8, seeking regular bail, in Crime No.3 of 2023 of Moothugudem Police Station, AIluri Sitharama Raju District.

¶19

The above said Crime was registered against the petitioners herein for the offence punishable under section 8(c) read with 2O(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS ActJ).

¶20

The case of the prosecution is that, on 23.O1.2023, at about O3.00 p.m., the S.I. of Police, Moothugudem police station along with his staff and mediators apprehended Accused Nos.2 to 8 while they were conducting vehicle checking. The S.I. of Police, on search of Toyota Innova Silver Colour Car bearing No.MH 06 AF 0099 found loo kgs of Ganja. At that juncture, A8 was coming on a motor cycle as a pilot to the said Innova car. After conducting panchanama and seizing the contraband, the S.I. of Police anested the Accused Nos.2 to 8, and they were remanded to judicial

¶21

custody on 24.O1.2O23. -

¶22

t--

¶23

¶24

The learned counsel for the petitioners contends that though the petitioners herein were arested on 23.01.2O23 the police did not file charge sheet. subsequ.ently, the investigation officer filed a petition seeking extension of time and the court below extended time by another twenty days. It is further submitted that even after extended time of twenty days, police did not file charge sheet. As such, learned counsel for the petitioners requested this court to enlarge the petitioners on bail.

¶25

On the other hand, the learned special Assistant public Prosecutor, on instructions, confirms that the police have not filed charge sheet.

¶26

In that view of the matter, this court is inclined to enlarge the petitioners on bail as the police did not file charge sheet even after lapse of ZOO days from the date of remand of the p\etitioners, with the following conditions.

¶27

(i) The petitioners herein shall be released on bail on their executing a personal bond for Rs.25,OOO/(Rupees twenty five thousand only) each with two sureties for the like sum each to the satisfaction of the Judicial Magistrate of First Class, Rampachodavaran, East Godavari District.

_------ ----

__7t-: _

•-,S

(ii) On release, the petitioners shall appear before the

¶33

Station House Officer COnCemed, twice a Week i.e. On

¶34

every Monday and Thursday between lO.OO a.m. and

¶35

O1.OO p.m., until further orders.

¶36

Accordingly, the Criminal Petition is allowed.

¶37

/ITRUE COPY//

¶38

h I`^ ..-\ - sd/--u. SRI DEVI ASSISTANT REGISTRAR

SECTjON' OFF-fCER

FoT Jr1--._-.-

To,

The Judicial First Class Magistrate, Rampachodavaram, East Godavari District.

¶44

The I AddI. Sessions Judge, East Godavari at RajamarlendraVaram.

¶45

The Superintendent, Central Prison, Rajamahendravaram. ,

¶46

The State House Officer, Mothugudem Police StatI'On,East Godavari District .

¶47

One CC to SRl. KADIYAM NEELAKANTESWARA RAO Advocate [OPUC]

¶48

Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT]

¶49

One spare copy.

psk

HIGH COURT

KSRJ

DATED: 14/08/2023

BAIL ORDER

CRLP.No.5203 of 2023

ALLOWED

i,-y_iS
#l!:.I #lku :.
'ibty . -_. , +:_-J EuREEEngEffiHREE]quiEril!E HRIHJ @H *\T.i-<br>14 AuG2en3<br>lF |'- <\ ~ i)<br>I-1_I?*.-=: Ei'l I..:

JudhestiHantal at Dubbu v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

JudhestiHantal at Dubbu 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

Parties & counsel

Coram

Case details

Similar cases

Narla Naga Swetha Vs The State of Andhra Pradesh

Imandi Siva Dhanush Vs the State of Andhra Pradesh

P.Ravidran at Ranjith Vs the State of Andhra Pradesh

C.Prathima Vs C.Raghava Rajesh

Thomous Vs the State of Andhra Pradesh

Gurunadham Sivakrishna at Sivaiah at Siva Vs the State of Andhra Pradesh