IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MONDAY, THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY ONE

:PRESENT:

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

CRIMINAL PETITION NO: 2876 OF 2021

Between:

Koda Ganapathi, S/o. Jogibabu Late, aged about 40 years, Cultivation, Pilli Puttu Village, Lingeti Panchayat, Pedabayalu Mandal, Visakhapatnam District.

...Petitioner/Accused-2_

AND

The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh, Amaravati

…Respondent/Complainant

Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to release the petitioners on bail in Cr. No. 19 of 2021 of Munchangiput Police Station, Visakhapatnam on the file of the Additional District & Sessions Judge-cum-Special Judge for Trail of Narcotic Drugs and Psychotropic Substance Act Case At Visakhapatnam. /

The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Kakumanu Joji Amrutha Raju, Advocate for the Petitioner and the Assistant Public Prosecutor for the Respondent, the Court made the following;

ORDER:

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.2876 of 2021

ORDER:-

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This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioner/A-2 in connection with Crime No.19 of 2021 of Munchangiput Police Station, Visakhapatnam, for the offence punishable under Section 8(c) r/w 20(b)(ii)(C) and 25 of the NDPS Act.

The case of prosecution is that on 25.02.2021 on receipt of $2.$ credible information about transportation of dry ganja illegally, the respondent police along with staff and mediators rushed to Darapalli Junction of Munchangiput Mandal and while checking the vehicles, they arrested the accused and seized 100 KGs of dry ganja in four plastic bags while they were transporting the same in a commander jeep bearing No.AP 05 BW 88, under the cover of a mediators report. Basing on the said report, the present crime was registered and sent the accused to judicial custody.

Heard Sri Kakumanu Joji Amrutha Raju, learned counsel for 3. the petitioner and learned Assistant Public Prosecutor for the respondent-State.

Learned counsel for petitioner submits that if the allegations in $4.$ the FIR have taken on its face value, they do not attract the offence under Section 8(c) $r/w$ 20(b)(ii)(C) and 25 of the NDPS Act, because no contraband was seized from the petitioner. Petitioner along with others was going to his subsequent village for the purpose of election

$\n\frac{1}{2}$ tbo campaigning, police attributed the accused regarding seizure of ganja and the entire quantity of 100 KGs is not present at the time of seizure and the petitioner is falsely implicated in this case. Therefore, it does not fall under the ambit of commercial quantity.

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Learned Assistant Public Prosecutor has drawn the attention of 5. this Court to the mediators report and submits that the contraband of 100 KGs is seized from the accused. He submits that entire investigation is completed and they are about to file charge sheet.

Taking into consideration the fact that entire investigation is 6. completed, this Court deems it appropriate to grant bail to the petitioner, however on certain conditions.

7. Accordingly, the Criminal Petition is allowed. The petitioner/ A-2 shall be enlarged on bail in connection with Crime No.19 of 2021 of Munchangiput Police Station, Visakhapatnam, on his executing self bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for a like sum each to the satisfaction of the Court of the Judicial first Class Magistrate, Paderu, Visakhapatnam District. On such release, the petitioner shall appear before the Station House Officer, Munchangiput Police Station, Visakhapatnam District, once in a week i.e. on every Saturday between 10.00 AM and 1.00 PM till completion of trial.

//TRUE COPY//

Sd/-M.RameshBabu ASSISTANT REGISTRAR SECTION OFFICER

To,

1. The Additional District & Sessions Judge-cum-Special Judge for Trail of Narcotic Drugs and Psychotropic Substance Act Case At Visakhapatnam. 2. The Judicial First Class Magistrate, Paderu, Visakhapatnam District. 3. The Superintendent, Central Prison, Visakhapantam.

$F$

• 4. The Station House Officer, Munchangiput Police Station, Visakhapatnam. –
• 5. One CC to Sri. Kakumanu Joji Amrutha Raju, Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court of AP [OUT]
• One spare copy.

HIGH COURT

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$LK,J$

DATED:23/08/2021

ORDER

CRLP.No.2876 of 2021

ALLOWED