Criminal Petition under Section 482 CrPC regarding conditions of bail in an NDPS case. The court modified the condition requiring sureties to furnish a fixed deposit of Rs. 1,00,000/- each to Rs. 50,000/- each.
The condition directing sureties to furnish a fixed deposit of Rs. 1,00,000/- each is modified to Rs. 50,000/- each.
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HON’BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.201 OF 2017
ORDER:
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners - accused Nos.1 and 2 requesting to relax conditions imposed by the learned Metropolitan Sessions Judge - cum – Special Judge to try the Offences under NDPS Act, Visakhapatnam, by the order dated 27.12.2016 in Criminal M.P. No.4307 of 2016 in Crime No.23 of 2016 of Gudemkothaveedi Police Station.
The first condition is to the effect that the petitioners shall execute a personal bond of Rs.1,00,000/- each with two sureties each who shall each furnished a fixed deposit of Rs.1,00,000/- drawn in the name of the Court to the satisfaction of the learned Judicial First Class Magistrate, Chinthapalli, and the bail is subject to verification of genuineness of the sureties.
Sri G. Venkat Reddy, learned counsel for the petitioners, would represent that the petitioners alleged to have been found in possession of 16 Kilograms of Ganja, which is not a commercial quantity and, therefore, sought to relax the condition in its entirety, which request is opposed by the learned Additional Public Prosecutor for the State of Andhra Pradesh.
In a similar situation, earlier, this Court relaxed the condition directing the sureties to furnish fixed deposit of Rs.25,000/- as against Rs.50,000/-, as such, to that extent the said condition is modified
2
directing the sureties to furnish fixed deposit of Rs.50,000/- (Rupees fifty thousand only) each instead of Rs.1,00,000/-.
Accordingly, the Criminal Petition is allowed in part modifying
the order impugned to the extent indicated above. All other conditions remain unaltered.
As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.
___________________________ A. SHANKAR NARAYANA, J
February 16, 2017.
mar
2 issues framed by the court
Whether the condition requiring sureties to furnish a fixed deposit of Rs. 1,00,000/- should be relaxed for a joint accused charged under the NDPS Act.
Whether the bail granted subject to verification of genuineness of sureties can be modified reducing the fixed deposit amount.
1 provisions across 1 enactments
Accused Nos. 1 and 2
State of Andhra Pradesh
A. Shankar Narayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
