Indrajeet Singh And Others 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 petitioners/A1, A3 and A6 to grant regular bail in connection with Crime No.341 of 2024 of Pendurthy Police Station, Visakhapatnam District for the offences punishable under Sections 20(b)(ii)(C), read with 8(c) and 25 of the NDPS Act.

Heard arguments of Sri Mahesh Adivarapu, the learned counsel for petitioners 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, it is seen that on 15.07.2024, the petitioners/A1, 2 and 6 along with other accused were arrested, and from their possession 284.78 Kgs of ganja were recovered. They were subsequently remanded to judicial custody. The petitioners’ earlier bail petition filed by A-6 in Crl.P.No.6908 of 2024, was dismissed on merits by an Order dated 22.10.2024. This is a renewal bail petition. It is undisputed on both sides that the petitioners have been in judicial custody for more than 180 days, which is beyond the statutory period, and investigation is not yet complete. In such circumstances, without going into the merits of the case, the petitioners/A1, A3 and A6 are entitled to statutory bail.

In view of the said circumstances, the criminal petition is allowed. Petitioners herein/ A1, A3 and A6 shall be enlarged on bail on executing a personal bonds 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 Metropolitan Sessions Judge-cum- I Additional District and Sessions Judge-Special Judge for Trial of offences under NDPS Act, Visakhapatnam District. The petitioners are permitted to furnish the sureties from the State of Andhra Pradesh. Petitioners/ A1, A3 and A6 shall mark their 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. Petitioners/ A1 A3 and A6 shall make themselves available for investigation by a police officer as and when required, and they 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. They shall not indulge in similar acts of crime and shall duly attend the trial of the case. The petitioners 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.