Gemmeli Chantibabu Vs the State of Andhra Pradesh

Petition under sections -437 & 439 of Cr.P.C/ Under Sections 480 & 483' of BNSS praying that in the`tcircumstances stated in the memorandum of grounds filed in support of the criminal petition, the High Court may be: pleased to enlarge him o`n'bai'I in Crime No.108/2024 for punishable unde+ sectI'OnS 111 (2) (B) ofBNS a SEC. 20 (B) (ii) (C), 25 r/w8 (C) ofNDPS Act, 1985 of Koyyuru Police Station, A.!Iuri Sitharamaraju Dllstrict, in the interests of justice-

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The Petition coming-oh'for-hearing, upon perusing the petition and thej memorandum of grollnds filed in support thereof and upon hearing the arguments of SRI SIMHACHALAM RARUKOLA Advocate for the petitioners, and of PUBLIC PROSECUTOR, for the Respondent, the court made the following

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HON'BLE SRI JUSTICE K| SREENIVASA REDDY

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±±E_minaI Petition No]5430 of 2Q2±

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Order:

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This Criminal Petition, under Sections 480 & 483 of B.N.S.S., has been filed by the petitioners/A-4 to A-6, seeking regular bail, in Crime No.108 of 2024 of Koyyuru Police Station, AIIuri Sitharama Raju District.

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A case has been registered against the petitioners and others for the offences punishable under Sections 111(2)(b) of B.N.S and Sections 20(b)(ii)(C), 25, 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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Brief facts of the case are that, on 12.12.2024 at 10.00 A.M., the Sub-Inspector of Police, Koyyuru Police Station, on reliable information regarding smuggling of ganja, reached outskirts of Kakarapadu Village at 10.45 A.M., along with his staff and inediators, and while conducting vehicle checking found five persons coming on 2 Pulsar motorcycles and one Mini van goods vehicle from K.D.Peta Village side towards them. on seeing the police, they tried to escape and police apprehended three persons i.e. A4 to A6, and other two persons escaped. on verification, 220 Kgs of ganja was found in four plastic bags.

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The accused persons arrested and got remanded to judicial

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custody on the even date and contraband was seized under the cover of mediators report.

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Heard. Perused the record.

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The petitioners was arrested and remanded to

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judicial custody on 12.12.2024 and since then they are languish'lng in jail. The statutory period of 180 days has been completed and till today no charge sheet is filed. The learned Special Assistant Public Prosecutor submitted that police have not filed any extension petition and charge sheet has not been filed within the stipulated period.

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In view.of the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners/A-4 to A-6, on the following conditions.

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(i) The petitioners/A-4 to A-6 shall be released on each of

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them execut-lng a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the' learned I Additional District & Sessions Judge-

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cum-Special Judge for trial of Offences under the NDPS Act, Visakhapatnam.

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

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station House OffI-Cer, COnCerned, once in a week i.e. on every

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Sunday between 10.00 a.ml and O5|00 p.m., till filing of the