Chenda Bala Gangadhar Tilak vs State Of Andhra Pradesh

Nyapathy Vijay, J

The present Criminal Petition is filed under Sections 480 and 483 of B.N.S.S. Act, 2023 seeking to enlarge the Petitioner/ Accused No.1 on bail in Crime No.240 of 2024 on the file of the II Town Police Station, Visakhapatnam, registered for the offence punishable under Sections 20(b)(ii)(C) R/w 8(c) of NDPS Act.

Heard Sri G. Maheswara Rao, learned counsel for the Petitioner and the learned Assistant Public Prosecutor for the Respondent-State.

Perused the record.

The Petitioner herein is Accused No.1 in the above said crime.

As per the remand report, the allegation against the Petitioner/Accused No.1 was that on 15.09.2024, the Sub-Inspector of Police, CTF and the Sub-Inspector of Police, II Town P.S., had received credible information about the un-authorized possession of Ganja. Immediately, they secured the presence of mediators and rushed to the 3rd floor of the place, where Ganja was said to be kept. On seeing the police party, the accused tried to escape, but were caught by the police and the total 11 packets of Ganja wrapped with KITKAT packing covers was seized by the police in the presence of mediators. Thereafter, the Petitioner/Accused No.1 was arrested on the same day. The other accused escaped from the clutches of the police and subsequently on the date of checking by the police Accused No.2 was arrested on 31.01.2024.

According to the learned Assistant Public Prosecutor, the Accused No.3 is still absconding. The learned Assistant Public Prosecutor submits that the investigation in this case was substantially completed but they are waiting to secure the presence but the Charge Sheet is not being filed for want of availability of Accused No.3. It was also submitted that R.F.S.L report was also received by the investigating agency and that there are no antecedents against the Petitioner/Accused No.1.

Learned counsel for the Petitioner submits that as the investigation in this case is substantially completed, there is no requirement of detaining the Petitioner/Accused No.1 any further.

Considering the fact that there are no antecedents against the Petitioner/Accused No.1 and the investigation is substantially completed, this Court is of the opinion that further detention of the Petitioner/Accused No.1 is not required and he is entitled to be released on bail on the following conditions:-

(i) The Petitioner/Accused No.1 shall be released on executing personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Metropolitan Sessions Judge-cum-I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam.

(ii) On release, the Petitioner/Accused No.1 shall appear before the Station House Officer concerned, once in a month till conclusion of trial.

(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 investigation. 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.

(iv) The Petitioner shall not leave the jurisdiction of the Visakhapatnam District without prior intimation to the Investigating Officer and he shall make himself available of his location through mobile phone by pairing it with the mobile phone of the concerned Station House Officer as held by the Hon’ble Supreme Court in the case of Puranmal Jat v. State of Rajasthan 2023 SCC Online SC 1418.

Accordingly, the Criminal Petition is allowed.

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