Timpathi Sahu @ Tinku, v. The State of Andhra Pradesh,
CRLP/3987/2025 · 2025-04-29
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14855 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14855 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
THE HON'BLE DR JUSTICE Y.LAKSHMANA RAO Crl.P.No.3987 of 2025 1
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
Criminal Petition No. 3987 of 2025
ORDER:
The Criminal Petition has been filed under Sections 480 of Bharatiya Nagarik Suraksha Sanhita, 2023, (for brevity ‘the B.N.S.S’) seeking to enlarge the petitioner/accused No.3 on bail in Crime No.150 of 2024 registered on the file of G.R.P. Police Station, Visakhapatnam, for the offence punishable under Sections 8(c) read with 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the N.D.P.S Act’).
2. The case of the prosecution is that, on 03.05.2024, the railway police of Visakhapatnam apprehended the accused No.1 and noticed that he was in possession of 4 kgs of ganja for transporting for his personal gain. The police arrested and remanded him. In the course of his interrogation, on 03.05.2024 the accused No.1 revealed the role of the petitioner in the case. Therefore, the police arrested the petitioner on 2303.2025 and sent him to judicial remand. Thus, based on the confession of accused No.1, the present petitioner/accused No.3 was arrested.
THE HON'BLE DR JUSTICE Y.LAKSHMANA RAO Crl.P.No.3987 of 2025 2
3.
Learned counsel for the petitioner submits that the petitioner has not committed any offence; he is an innocent; he is the sole bread winner of the family; he would abide by any conditions to be imposed by this Court and urged to enlarge the petitioner on bail.
4. Per contra Ms.Akhila Naidu, learned Assistant Public Prosecutor opposed to enlarge the petitioner on bail saying that the investigation is not yet completed.
5. As seen from the record, accused No.1 was found in possession of ganja for transportation. He revealed that the petitioner also indulged in the commission of offence. Therefore, the police arrested the petitioner on 23.03.2025 and remanded him to judicial custody. Contraband involved in the case is 4 kgs. Petitioner has been in judicial custody for the past 35 days. The petitioner is a tribal from Orissa state. If certain strict conditions are imposed, while enlarging the petitioner on bail, the ends of justice would be sub-served.
6. In view of the above reasons, I am inclined to enlarge the petitioner on bail with the following stringent conditions:
THE HON'BLE DR JUSTICE Y.LAKSHMANA RAO Crl.P.No.3987 of 2025 3
i) The petitioner shall be enlarged on bail on executing a bond for a sum of Rs.20,000/- (Rupees Twenty Five Thousand only), with two sureties for the like sum each to the satisfaction of the learned VI Metropolitan Magistrate, Railways, Visakhapatnam. ii) The petitioner shall not commit or indulge the similar offence in future. iii) The petitioner shall not influence or pressure the witnesses. iv) The petitioner shall cooperate with the Investigating Officer. v) The petitioner shall appear before the Station House Officer, Visakhapatnam Police Station, G.R.P.Vijayawada, on every Saturday in between 10:00 am and 05:00 pm till the cognizance is taken by the Court concerned.
_________________________ DR. Y. LAKSHMANA RAO, J Date: 29.04.2025 M K K