Allowed

Shaik Khaja Garib at Khaja v. The State of Andhra Pradesh

Andhra Pradesh HC9 Aug 2023CRLP/5554/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal petition under Sections 437 and 439 of CrPC for bail. Considering the small quantity of ganja (2 1/2 kgs) involved and the time elapsed since arrest, the Court released two accused on bail subject to financial bonds, periodic police reporting, and non-interference with witnesses.

What did the court decide?

Petitioners/A2 & A4 released on bail on personal bond of Rs. 25,000 each with two sureties for a like sum each; directed to appear twice a week; directed not to hamper investigation or tamper with wit

Shaik Khaja Garib at Khaja Vs The State of Andhra… — Narcotics (NDPS) | Andhra Pradesh HC (2023)

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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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WEDNESDAY, THE NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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:PRESENT:

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THE HONOURABLE SRI JuSTICE K SURESH REDDY

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CRllVIINAL PETITION NO: 5554 OF 2023

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Between:

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Shaik Khaja Carib @ Khaja, S/o RasuIIa, Aged about 21 years,R/o. MV Rajupalem - Kothuru, Near Masjid, Karlapalem Village and Mandal, Bapatla District.

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Pasupulati Derek Prince, S/o.Lookaraju, Aged about 23, lslampeta, Narsaraopeta village and Mandal, Palnadu District,

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. . .Petitioners/A2 & A4

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The State of Andhra Prades`h, Rep.by its public Prosecutor, High Court of Andhra Pradesh at Amaravathi

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...Respondent

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Petition Under Sections 437 & 439 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 bet.bl-eased to release the petitioners/A2 & A4,on bail in connection with Crime No..I.t1,-334,of 2023 , On the file of Gandepalli Police Station,(Kakinada) East Godavari District

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The Petition Coming on for hearing, upon perusing the Petition and the tMh : maorrgaun£ :TtsofogfrosuR i skAIDe iY# MSu PivPEOErfJ;h faeNOiaEnsdwmAa#e hReAe6n #oucpa:en ioera r{ : g Petitioners, PUBLIC PROSECUTOR,, for the Respondent, the Court made the following.

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a I ~-t. II

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I-.--I_--i--=vr_--.-J------___

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E9E!JBLLEiRJ JuSTICE K. SURESH REPQ¥

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`` CRIMINAL PETITION No.5i54 of 2023

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ORDER:.

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Accused Nos.2 a 41®n Cr.No.133 of 2023 of Gandepalli Pot,Ice Stat,®on, Kak,'nada D,'str,'ct, filed the present Grim,-hal pet1-lion, under Sect,-ons 437 and 439 of Cr.P.C., seek,'ng to enlarge them on ba,''. The above crime was res,'stered age,'nst the Pet,®t1®OnerS and Others for the OffenCeS Punishable under Sect,-ons 8(c) read w]'th 20(b)(ii)(C) of the Narcot1'C Drugs and Psychotrop,®c Substances Act,1985.

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Facts of the prosecut,Ion case ]'n br1'ef are that, on 18.05.2023 a't about 01.00 P.m., On Cred,'ble ,'nformat,ton about the transportat,Ion of ganja, the sub-Inspector of pol1'Ce, Gandepa'l,I PS, along w1®th his Staff and med,®ators, went near Neechugundala chs[uvu, besides NH-16 road at the outskirts of Ma'lepall,I village, Gandepalli Mandal of Kak,'nada District and dun'ng vehicle check,-ng, the sub Inspector of pol,Ice apprehended A.1 to A.4, who were found in possession of 211/2 Kgs. ganja transport,'ng Pn two motor Cycles. After conducting panchar,ama, after se,'z,'ng the contraband and the motor cycles, the sub Inspector of pol,'ce arrested A.1 to A.4 and they were remanded to jud,'cial custody subsequently.

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Learned counsel for the pet,'t1®OnerS COntendS that Only 211/2 Kgs. of ganja was recovered from all the four accused and that the petitioners/A.2 a A.4 are ,'n J'ud1®Cial custody since 18.05.2O23 and as such he requests this court to enlarge them on bail.

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On the other hand, the learned Ass,'stant Publ,-c Prosecutor opposed the bail application.

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This Court perused the entire material On record. Taking into COnSideratiOn

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that the total contraband seized from all the four accused is only 211/2 Kgs. and aS the petitioners are in judicial custody since 18.05.2023, this Court is inclined tO enlarge the petitioners on bail, on the following conditions.

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(D Petitioners/A.2 a A.4 shall be released On bail On their executing a Personal bond for a sum of Rs.25,000/-(Rupees twenty five thousand Only) each With two sureties for a like Sum each to the satisfaction of the Judicial Magistrate Of First Class, Peddapuram, East GodaVari Distr1'Ct.

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(ii) on such release, the petitioners shall appear before the station House officer concerned, twice in a week i.e., on every Monday and Thursday between 10.00 a.m. and O1.00 p.m., until further Orders.

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(iii) Further, the Petitioners are directed not tO hamper the investigation and I-tamper with the prosecution witnesses.

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The criminal Petition iS allowed accordingly.

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,I. .^'. 1l s-a/I -m-. sRINIVAS'- ASSISTANT --E RAE r" I, f\ SECTION OFFICER //TRUE COPY// For I . ._____-------.-.--_

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To'1. The Judicial First Class Mag'lstrate, Peddapuram, East Godavari District

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The I Additional Sess'lons Judge, East Godavari at RajamahendraVaram

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The Super'lntendent, Central Prisonl RajamahendraVaram, East Godavari District

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The Station House Officer, Gandepalli Police Station (Kakinada), East Godavari District. '

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One CC to SRl. KADIYAwi',riEELAKANTESWARA RAO Advocate [OPUC]

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Two CCs to PUBLIC PROSECUTOR, High Court ofAndhra Pradesh [OUT] 7. OnesparecOPy

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PSR -

L==

HIGH COURT

KSR,J

DATED..09/08/2023

Bffi ORDER
CRLP.No.5554 of 2O23
ALLOWED

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Shaik Khaja Garib at Khaja v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Shaik Khaja Garib at Khaja 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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