Vadthya Kishan Alias Barathya Kishan vs State Of Andhra Pradesh

Dr Y. Lakshmana Rao, J

The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.1 on bail in Crime.No.22 of 2021 of Sileru Police Station, Visakhapatnam District, registered against the petitioner/Accused No.1 herein for the offences punishable under Section 20(b)(ii)(C) read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

As seen from the record, the allegation against the petitioner/Accused No.1 is that he supplied 540 KGs of ganja, which is not a commercial quantity but also a colossal quantity. After thorough investigation, charge sheet has been filed in this case and the same was numbered as NSC.No.186 of 2024. The petitioner was arrested on 04.08.2024. He has been in judicial custody for the past 90 days. No contraband was seized from the possession of the petitioner. Except the confession, no incriminating material is available against the petitioner. Since the charge sheet has already been filed, the question of threatening the witnesses or disclosing any further incriminating information to the investigating officials may not arise. The petitioner is a permanent resident of Peda Thanda, Dhosapalli Village, Regode Mandal, Medak District, and he has got fixed abode.

Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner/Accused No.1, this Court is inclined to enlarge the petitioner/Accused No.1 on bail, subject to the following stringent conditions:

i. The petitioner/Accused No.1 shall be enlarged on bail subject to he executing a bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with three sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Chintapalli.

ii. The petitioner/Accused No.1 shall appear before the learned Trial Court on each and every adjournment without fail.

iii. The petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the learned Trial Court concerned.

iv. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future.

v. The petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court.

In the result, the Criminal Petition is allowed.