Duriya Babu Rao vs State Of Andhra Pradesh

Dr. V.R.K. Krupa Sagar, J

This Criminal Petition under sections 480 and 483 of the BNSS is filed by the petitioner/A3 to grant regular bail in connection with Crime No.407 of 2024 of Kancharapalem Police Station, Visakhapatnam District for the offence punishable under Sections 20(b)(ii)(C) r/w 8(c) of the NDPS Act, 1985.

Heard arguments of Sri Kakumanu Joji Amrutha Raju, the learned counsel for petitioner and Sri K. Sandeep, the learned Assistant Public Prosecutor for respondent/State.

Perused the record.

Having heard the learned counsel on both sides and perused the record.

According to prosecution, on 21.10.2024 five accused were arrested and from their possession 20.568 Kgs of ganja was recovered. They were subsequently remanded to judicial custody. Learned Assistant Public Prosecutor while opposing the present bail application of A3, contended that what was seized is a commercial quantity, hence presumption under Section 37 of NDPS Act applies. Unless sufficient circumstances have been shown the bail may not be granted. On an earlier occasion, Accused 4 and 5 were enlarged on bail, vide Criminal Petition No. 8676 of 2024 by this Court by order dated 24.12.2024. The case of the present petitioner/ A3 stands on the same footing. It is found from the record, while prosecution contends about the recovery of commercial quantity, which is more than 20 Kgs, as pointed out by the learned counsel for the petitioner in terms of the proof of packets seized and quantity weighed and found in each of the packets at one place of the record, it emerged that only 6 Kgs was recovered. Therefore, the case diary depicts the facts of the case with confession. In view of the same, the petitioner has made out his case. Hence, the prayer is granted.

In view of the said circumstances, the criminal petition is allowed. Petitioner herein/ A3, shall be enlarged on bail on executing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) each with two sureties of the like sum each to the satisfaction of the learned I Additional District and Sessions Judge-cum- Special Judge for Trial of offences under NDPS Act, Visakhapatnam District. The petitioner is permitted to furnish the sureties from the State of Andhra Pradesh. Petitioner/ A3 shall mark his attendance before the Investigating Officer on 1st and 15th of every month between 10.00 A.M. and 1.00 P.M. till filing of the charge sheet. Petitioner/ A3 shall make himself available for investigation by a police officer as and when required, and he shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. He shall not indulge in similar acts of crime and shall duly attend the trial of the case. The petitioner shall regularly appear before the competent Court and participate in pre-trial and trial process without fail.

Pending miscellaneous applications, if any, shall stand closed.