Dismissed

Gummadi Eswaramma v. the State of Andhra Pradesh

Andhra Pradesh HC23 Aug 2023CRLP/5551/2023

Case brief

AI extract

What is this about?

The petitioner filed a criminal petition under Section 438 Cr.P.C. for anticipatory bail in an NDPS case involving possession and sale of ganja. The prosecution alleged she safeguarded 40kg of ganja and sold it. The court examined the materials and the petitioner's role.

What did the court decide?

The criminal petition seeking anticipatory bail under Section 438 Cr.P.C. was dismissed.

Gummadi Eswaramma Vs the State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
WEDNESDAY ,THE TWENTY THIRD DAY OF AUGUSJ^^^
—
TWO THOUSAND AND TWENTY THREE
PRESENT IP f
I
THE HONOURABLE SRI JUSTICE K SURESH REDKfe
H
CRIMINAL PETITION NO: 5551 OF 2023

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Between:

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Gummadi Eswaramma. W/o Narasimha Naidu, Hindu, aged 55 yrs, R/o Bailapudi Village, Cheedikada Mandal Visakhapatnam District.

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...Petitioner/A9

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AND

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The State of Andhra Pradesh, (Cheedikada Police station) Rep. by the Public Prosecutor High Court of Andhra Pradesh Amaravati, Guntur District,

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...Respondent/Complainant

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♦ » Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may M f Sn? enlarge the petitioner on bail in the event of arrest in Crime No.4/2023 Of Cheedikada Police Station, dated.08.01.2023.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Arrabolu Sai Naveen, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.

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The Court made the following:

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THE HON’BLE SRI JUSTICE K. SURESH REDDY

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CRIMINAL PETITION No. 5551 OF 2023

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ORDER;

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Accused No.9 in Crime No.4 of 2023 on the file of Cheedikada Police Station, Visakhapatnam District filed the present application under Section 438 of the Criminal Procedure Code, 1973, seeking her release on anticipatory bail.

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2. The above Crime was registered against the petitioner herein and others for the offence punishable under Section 20[b)(ii)(CJ read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').

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The case of the prosecution is that on 08.01.2023, on receipt of credible information, the Sub-Inspector of Police, Cheedikada Police Station along with staff and mediators apprehended Accused Nos.2 and 3, who were found in possession of 40.00Kgs of Ganja. After conducting panchanama and after seizing the contraband. the Sub Inspector of Police arrested both the Accused, who were remanded to judicial custody thereafter. During the course of investigation, the arrested Accused confessed stating that

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Accused No.l used to procure Ganja and keep the same in his house. Accused No.2, who is the wife of Accused No.l and the petitioner, who is shown as Accused No.9 used to safeguard the said Ganja, which was brought by Accused No.l.

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The learned counsel for the petitioner contends that she came to be implicated into the present Crime only on the confession made by Accused No.l. Even according to the prosecution, it is Accused No.l, who used to procure Ganja from agency area. The only allegation made against the petitioner is that she along with Accused No.2 safeguards the contraband in the house of Accused No.l. As such, the learned counsel for the petitioner requested this Court to grant anticipatory bail to the petitioner/A-9.

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5. On the other hand, the learned Special Assistant Public Prosecutor opposed the bail application stating that it is the petitioner and Accused No.2, who used to safeguard the contraband being brought by Accused No.l. He further contended that Accused Nos. 2 and 9 used to sell the Ganja and thereafter collecting money from them.

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This Court perused the entire material on record.

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In view of the above facts and circumstances of the case. this Court is not inclined to grant anticipatory bail to the petitioner/A-9, in view of the specific role attributed to the petitioner by the prosecution.

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Accordingly, the present criminal petition is dismissed.

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SD/- K J RAJA BABU ASSISTANT REGISTRAR

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To,

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//TRUE COPY//

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(/--SECTION OFFICER

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HigSffla Pradesh a. 4. Three CD Copies sree

D A

HIGH COURT

DATED:23/08/2023

ORDER

CRLP.No.5551 of 2023

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DISMISSING THE CRIMINAL PETITION

Gummadi Eswaramma v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Gummadi Eswaramma 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

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