Pangi Santosh Vs the State of Andhra Pradesh

The State of Andhra Pradesh, Rep by its Public Prosecutor, Through the SHO, Sileru Police Station, Alluri Sita Rama Raju District, High Court of Andhra Pradesh at Amravati.

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...Respondent/Complainant

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Petition under Section 437 & 439 of Cr.P.C and 480 & 483 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the Petitioner/Accused No.3 on bail in FIR No.30 of 2023 of Sileru Police Station, Alluri Sita Rama Raju District on 30-09-2023 on the terms and conditions.

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Counsel for the Petitioner: Sri Pangi Raju Babu

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Counsel for the Respondent: Sri P.Sandeep, Assistant Public Prosecutor

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The Court made the following order:

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APHC010182212025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3521]

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THURSDAYJHE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

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CRIMINAL PETITION NO: 4033/202^

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Between:

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1.PANGI SANTOSH, S/0 JAYO, AGED 28 YEARS, R/O CHOWDUPALLI VILLAGE DUPPULAVADA PANCHAYAT, G.K.VEEDHI MANDAL ASR DISTRICT.

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...PETITIONER/ACCUSED

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AND

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1.THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, Through the SHO, Sileru Police Station, Alluri Sita Rama Raju District, High Court of Andhra Pradesh at Amravati.

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...RESPONDENT/COMPLAINANT

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Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to release the Petitioner/Accused No.3 on bail in FIR No.30 of 2023 of Sileru Police Station, Alluri Sita Rama Raju District on 30-09-2023 on the terms and conditions as the Court may deem fit and proper in the facts and circumstances of the case.

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Counsel for the Petitioner/accused:

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1.PANGI RAJU BABU

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Counsel for the Respondent/complainant:

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1.PUBLIC PROSECUTOR

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The Court made the following:

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ORDER:

This Criminal Petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’), and Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), seeking to enlarge the petitioner on bail in Crime No.30 of 2023 of Sileru Police Station, registered for the alleged offence punishable under Section 20(b)(ii)(c) read with 8(c) of the Narcotic Drugs And Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’)

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The case of the prosecution is that on 30.09.2023 at about 14.30 hours, the Sub Inspector of Police, Sileru, along with his staff, noticed that other accused were transporting 129.063 kgs of ganja in 5 gunny bags. The Sub Inspector of Police seized the contraband and arrested the accused. Based on the confessional statement of accused No.4, the present petitioner was arrayed as accused No.3.

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Learned counsel for the petitioner submits that the petitioner has not committed any offence and has been falsely implicated by the police. He is the sole breadwinner of his family and has not committed any offence, let alone the alleged offence. He undertakes to abide by any condition which this court deems it fit to impose and therefore prays to enlarge^himonbail.

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On the other hand, Mr. P. Sandeep, learned Assistant Public Prosecutor appearing for the respondent-State, argued that the charge sheet in this case has already been filed. The petitioner was arrested on the execution of a PT warrant. The petitioner has adverse antecedents of a similar nature and, therefore, urged this Court to dismiss this criminal petition.

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Heard learned counsel for the petitioner and Mr. P. Sandeep, learned Assistant Public Prosecutor appearing for the respondent-State. Perused the record.

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All the accused - A1, A2, and A4 to A10 - were enlarged on bail. However, the petitioner is involved in two other crimes of a similar nature: Crime No.73 of 2024, wherein 2 kgs of liquid ganja, a commercial quantity, was involved; and Crime No.80 of 2024, wherein 22 kgs of ganja, also a commercial quantity, was involved. It is not the petitioner’s case that the charge sheet was not filed within the time stipulated under Section 36A of'"ihe NDPS Act^ In fact, the instant crime was registered in 2023. Subsequently, the petitioner was allegedly involved in two similar offences. Since the charge sheet has already been filed and the case is pending trial, enlarging the petitioner on bail on the ground that he has been in jail for more than 260 days is immaterial.

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Doctrine of parity cannot be invoked in favour of the petitioner due to the nature of the role played by him in the case. Hence, this Criminal Petition is dismissed. The learned trial Court is directed to complete the trial as early as possible, preferably within a period of three months from the date of receipt of this order.

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As a sequel, interlocutory applications, if any pending, shall stand closed.

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Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To.