Sirisolla Ajay Kumar vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble K Suresh Reddy
Listed On:
31 Dec 2020
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT
THURSDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY
:PRESENT:
THE HONOURABLE SRI JUSTICE K SURESH REDDY
CRIMINAL PETITION NO: 6081 OF 2020
Between:
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- Sirisolla Ajay Kumar, S/o. Eswara Rao, Age 22 years, R/o. D.N0.2-226/1, Indira Nagar, Old Dairy Farm, Visakhapatnam.
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- Ravivalasa Rambabu, S/o. Sriramulu, Age 23 years, Old Dairy Farm, Rajeev Nagar, Nio. Gadelavalsa Village, Cheepurupalli, Visakhapatnam.
Petitioner/A.1 & A.2
AND
The State Of Andhra Pradesh, through Station House officer, V. Madugula P.S, Visakhapatnam District, rep. by Public Prosecutor, High Court At 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 enlarge the Petitioners/accused no.1 and 2 on bail in Crime No.596/2020 on the file of V. Madugula P.S, Visakhapatnam District.
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 G Venkata Reddy, Advocate for the Petitioners and of Public Prosecutor for the Respondents and the Court made the following.
ORDER:
THE HON'BLE SRI JUSTICE K. SURESH REDDY CRIMINAL PETITION No.6081 OF 2020
ORDER:
This petition is filed seeking regular bail on behalf of Accused Nos.1 and 2 in Crime No.596 of 2020 of V.Madugula Police Station, Visakhapatnam District, registered for the offences punishable under Sections 20(b)(ii)(c) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act).
Brief allegations made in the First Information Report are $\overline{2}$ . that on 07.11.2020, on receipt of credible information, the Sub-Inspector of Police, V.Madugula Police Station rushed to Ghat Road Junction of Sagaram Panchayat of V.Madugula Mandal and while conducting check at about 08.30 p.m., they found the petitioners coming on motor cycle bearing No.AP 31 ZJ TR 9543 and arrested the petitioners and seized Ganja of three (3) Kgs from their possession. Ever since, the petitioners have been in jail.
Heard learned counsel for the petitioners and learned $3.$ Additional Public Prosecutor appearing for the respondent.
As seen from the First Information Report, the petitioners 4. were arrested on 07.11.2020 and three (3) Kgs of Ganja was seized from their possession. As the contraband seized from the petitioners is only three (3) Kgs, which is less than commercial quantity, and as the petitioners have been in judicial custody since 07.11.2020, this Court is inclined to enlarge them on bail.
- Accordingly, the criminal petition is allowed. The petitioners are directed to be released on bail on their executing personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties each for the like sum to the satisfaction of the learned I Additional Sessions Judge-cum-Special Judge for Trial of NDPS Cases, Visakhapatnam. After their release, the petitioners are directed to report before the Station House Officer, V.Madugula Police Station, Visakhapatnam District, on every Monday and Thursday between 10.00 am and 01.00 pm until further orders.
As a sequel, the miscellaneous applications, if any pending, shall stand closed.
IITRUE COPYII
For ASSISTANT REGISTRAR
Sd/- V. SAVITHRAMMA ASSISTANT REGISTRAR
To,
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- The Metropolitan Sessions Judge-cum-I Addl. District & Sessions Judge-Special Judge for Trail of Offences Under NDPS Act, Visakhapatnam.
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- The Judicial First Class Magistrate, V.Madugula, Visakhapatnam District.
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- The Superintendent, Central Jail, Visakhapatnam.
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- The Station House Officer, V. Madugula Police Station, Visakhapatnam District.
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- One CC to Sri. G Venkata Reddy, Advocate [OPUC]
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- Two CCs to Public Prosecutor, (AP) Advocate [OPUC]
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- One spare copy.
MSB
HIGH COURT
KSR,J
DATED:31/12/2020
ORDER
CRLP.No.6081 of 2020
DIRECTION