Allowed

Igbokwe Chukwuebuka Gibson v. The State of A.P

Telangana HC7 Mar 2018CRLP/1348/2018

Case brief

AI extract

What is this about?

A Nader Petition was allowed to grant bail to a foreign national accused of transporting ganza under the NDPS Act. The Court directed a personal bond with two sureties, one of whom must be a local resident to prevent absconding.

What did the court decide?

Petition allowed; Directed to release the petitioner on bail by executing a personal bond for Rs. 40,000 with two sureties, one of whom must be a local resident.

Igbokwe Chukwuebuka Gibson Vs The State of A.P — Narcotics (NDPS) | Telangana HC (2018)

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HIGH COURT OF JUDICATURE AT HYDERABAD

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l'.a.k,2,4,,,)

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FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

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WEDNESDAY, THE SEVENTH DAY OF IVARCH, TWO THOUSAND AND EIGHTEEN

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:PRESENT:

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THE HONOURABLE SMT JUSTICE T. RAJANI

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CRIMINAL PETITION NO: 1348 OF 2018

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Between:

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lla Lla- -*

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lgbokwe Chukwuebuka Gibson.^R/O Okija Village, Onisha City, Anambra State, Nigeria Country,' Passport bearing No. 400041282.

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Petitione r/Accused

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AND

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The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and for the State of Andhra Pradesh

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RespondenUComplainant

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Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the memo of grounds filed herein, the High Court may be pleased to release the petitioner on bail in Crime No. 427 of 2017 on the file of the Airport Police Station, Visakhapatnam.

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The petition coming on for hearing, upon perusing the Petition and memo of grounds filed herein, and upon hearing the arguments of Sri Sravan Kumar Naidana, Advocate for the Petitioner, and of Public Prosecutor (AP) for Respondent, the Court made the following.

ORDER

q<.

SMT JUSTICE T.RAJANI

CRIMINAL PETITION No.1348 OF 2018

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ORDER:

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This Criminal Petition is filed seeking for grant of bail to the petitioner, who is the sole accused, in Crime No.427 of 2017 on the file of the Station House Officer, Airport Police Station, Visakhapatnam City.

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The offence alleged is under Section B(c) R/w.20(b)(ii)(C) of the Narcotic Drugs and Psychotropic substances Act, 1985 (for sho(, 'the NDPS Act').

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Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the respondent-State, and perused the record.

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As per the case of the prosecution, the petitioner met a person at Tirupur, who offered money for his return^journey to Nigeria and informed him to bring ganza from Visakhapatnam. Accordingly, the petitioner agreed for transportation of the ganza and took Rs.50,0001 from the said person, went to Visakhapatnam and purchased ganza by paying Rs.50,000/- and during his^journey, he was caught by the Police.

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Learned Public Prosecutor does not refute the said submission of the petitioner's counsel.

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Hence, considering the above, and also the fact that the^petitioner is languishing in^jail since 07.11.2017, the Criminal Petition is allowed. Accordingly, the petitioner/accused is directed to be enlarged on bail, on his executing a personal bond for a sum of Rs.40,0001^(Rupees forty thousand only) with two sureties for a like sum each to the satisfaction of the lll Metropolitan lvlagistrate at Visakhapatnam. However, considering the contention of learned Public Prosecutor that the^{petitioner/accused}

\c.----

hails from Nizeria Country and, that if he is granted bail, there is every

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possibility of his jumping bail, can be taken care of by imposing a condition

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that one surety of the petitioner shall be that of local surety.

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As a sequel, the miscellaneous applications, if any pending, shall

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stand closed.

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OTHAM^REDDY Sd/- N.PURUSH ASSISTANT

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,TRUE COPYII

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FoT ASSISTANT REGISTRAR

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To,

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The lll Metropolitan Magistrate at Visakhapatnam

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The Superrntendent, Central Prtson, Visakhapatnam

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J. The Station House Officer, Airport Police Station, Visakhapatnam City.

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Two CCs to Public Prosecutor (AP), High Courl, Hyderabad^(OUT)

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One CC to Sri Sravan Kumar Naidana, Advocate^(OPUC)

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o. One spare copy

Skm

HIGII COURT

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I),'l'll l):07/03/20 I 8

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oRI)rir{

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CRLP.No.l3lti ot'2018

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DIItI:('l'l O\

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Igbokwe Chukwuebuka Gibson v. The State of A.P

Case brief

What is this about?

What did the court decide?

Igbokwe Chukwuebuka Gibson v. The State of A.P

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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