Allowed

Ithi Suryanarayana @ Suri v. the State of Andhra Pradesh

Andhra Pradesh HC15 Dec 2024CRLP/9097/2024

Case brief

AI extract

What is this about?

Single Judge Court allowed regular bail in a second amendment charge sheet case under NDPS Act where accused was implicated solely on basis of co-accused confession with no material seized from his possession and over two months silence of evidence despite prior investigation.

What did the court decide?

Regular bail granted on executing a personal bond of Rs. 25,000 each with two sureties to Metropolitan Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, subject to

Ithi Suryanarayana @ Suri Vs the State of Andhra… — Narcotics (NDPS) | Andhra Pradesh HC (2024)

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HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO

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Criminal Petition No.9097 of 2024

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ORDER:

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This Criminal Petition, under Sections 437 and 439 of the Cr.P.C., has been filed by the petitioner/A12, seeking regular bail, in Crime No.51 of 2023 of Koyyuru Police Station, Alluri Sitharama Raju District.

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A case has been registered against the petitioner/A12 herein for the offences punishable under Sections 20(b)(ii)(C), 25 read with 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 01.09.2023, on receiving credible information regarding the illegal transportation of ganja, the Sub-Inspector of Koyyuru Police Station, accompanied by his staff and mediators, conducted a vehicle inspection at Cashew Garden, located on the outskirts of Gummadivani Palem Village, Koyyuru Mandal, Alluri Seetha Rama Raju District. During the operation, they intercepted a TATA Indica car carrying 10 gunny bags containing 300.9 kg of ganja. Additionally, five mobile phones and one Suzuki scooty were seized from the possession of the accused (A1 to A10) in the presence of mediators, as documented in the mediators' report.

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Heard. Perused the record.

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The learned counsel for the petitioner/A12 submits that no contraband was seized from the petitioner’s possession, aside from the seizure of the CDR. He further asserts that no incriminating material has been presented to the Court to

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substantiate the allegations. Additionally, he points out that the conversation details between petitioner/A.12) and A1 have not been provided to establish the petitioner’s involvement in the commission of the offence. He further submits that the petitioner has been in judicial custody since 06.09.2023, and despite the passage of three months, no concrete or substantial evidence has been gathered to demonstrate his involvement in the present offence.

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The learned Assistant Public Prosecutor does not dispute that the case against the petitioner/A12 is based on a confession statement. However, he acknowledges that no further details have been placed on record to support this claim. Upon inquiry, the learned Assistant Public Prosecutor also submits that no criminal antecedents have been found against the petitioner/ A12.

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Considering that the petitioner/A12 is implicated based on the confessional statement of A1 and no contraband has been seized from his possession, and taking into account that the petitioner has been in judicial custody for over two months, this Court is of the opinion that the majority of the investigation concerning the petitioner’s role has likely been completed. Upon inquiry, the learned Assistant Public Prosecutor confirms that most of the investigation has been concluded, with the exception of the receipt of the RFSC report.

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The learned counsel for the petitioner/A12 further submits that the petitioner is a permanent resident of Mokhasa Kothapatanam Panchayat, Rolugunta Mandal, Anakapalli District, and there is no likelihood of him fleeing from justice.

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Considering the above factors, this Court is inclined to grant bail to the petitioner/A12 on the following conditions:

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(i) The petitioner/A12 shall be released on executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the learned Metropolitan Sessions Judge-cum-Special Judge for Trail of Offences under NDPS Act, Visakhapatnam.

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(ii) On release, the petitioner shall appear before the Station House Officer, concerned, once in a week i.e., on every Sunday between 10.00 a.m. and 01.00 p.m., for a period of three (3) months.

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(iii) The petitioner shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the trial.

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It is made clear that the petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.

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10. Accordingly, the Criminal Petition is allowed.

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Miscellaneous Applications, pending if any, shall stand closed.

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________________________

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T. MALLIKARJUNA RAO, J

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Date: 16.12.2024 M K K

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HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO

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Criminal Petition No.9097 of 2024

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Dated: 16.12.2024

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M K K

Ithi Suryanarayana @ Suri v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Ithi Suryanarayana @ Suri v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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