IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FOURTH DAY OF AUGUST, TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION NO: 2692 OF 2020

Between:

Donga Venkateswarlu, S/o. Chinna Rao, Age 21 years, R/o. Kanchumarru Village, Athili Mandal, West Godavari District

...Petitioner/A.1

AND

The State of Andhra Pradesh through Station House officer, S.Kota P.S, Vizianagaram District, rep. by Public Prosecutor, High Court At Amaravati.

...Respondent

Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/accused no.1 on bail in Crime No.28/2020 on the file of S.Kota P.S, Vizianagaram District.

The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri G.Venkata Reddy, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following.

ORDER:

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.2692 OF 2020

ORDER:-

March

This petition is filed under Section 439 of the Code of Criminal Procedure, 1973 to enlarge the petitioner on bail.

The petitioner is A-1 in Crime No.28 of 2020 of S.Kota $2.$ Police Station, Vizianagaram District.

The alleged offences against him are under Sections 8 (c) $3.$ $r/w$ 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "N.D.P.S. Act").

Briefly stated, it is the case of the prosecution that on 4. 05-02-2020, the petitioner along with other accused was apprehended by the police when they were in illegal possession Police arrested them and seized the of 3.7 kgs of Ganja. contraband from their possession. Therefore, the petitioner has committed the aforesaid offences.

Heard learned counsel for the petitioner and the learned $5.$ Additional Public Prosecutor.

The contraband that was seized from the possession of the б. accused in this case is 3.7 kgs, which is a small quantity. It is not a commercial quantity. Therefore, the bar under Section 37 of the N.D.P.S. Act has no application to the present facts of the case. Further, the petitioner has been in judicial custody since 05-02-2020 for almost six months period. Therefore, in the facts and circumstances of the case, the petitioner is entitled to bail on certain conditions.

In the result, this Criminal Petition is allowed. The petitioner is ordered to be enlarged on bail on execution of self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, S.Kota. On his release, the petitioner shall report before the Station House Officer of S.Kota Police Station, daily between 10-00 A.M. to 1-00 P.M. till the entire investigation in this case is completed and charge sheet is filed.

SD/-K. JAGAN MOHAN ASSISTANT REGISTRAR

//TRUE COPY//

To.

For ASSISTANT REGISTRAR

1. The Judicial First Class Magistrate, S.Kota

$7.$

• 2. The Superintendent, Central jail, rajamahendravaram (Rajuhmundry) 3. The Station House Officer, Kota P.S, Vizianagaram District.
• 4. One CC to Sri. G.Venkata Reddy, Advocate [OPUC]
• 5. Two CCs to Public Prosecutor, High Court of AP [OUT] 6. One spare copy

$\mathbf{M}\mathbf{M}$

HIGH COURT

CMRJ

DATED:04/08/2020

ORDER

CRLP.No.2692 of 2020

DIRECTION

$-5$ AUG : $\hat{\mathcal{E}}$