Extracted from the PDF above. The PDF is authoritative.
THE HON'BLE DR JUSTICE Y.LAKSHMANA RAO Crl.P.No.4037 of 2025 1
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
Criminal Petition No. 4037 of 2025
ORDER:
The Criminal Petition has been filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (for brevity ‘the B.N.S.S’) seeking to enlarge the petitioner/accused No.2 on bail in Crime No.60 of 2023 registered on the file of Moothugudem Police Station, for the offence punishable under Sections 8(c) read with 20(b)(ii)(C) 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 05.10.2023, the Sub-Inspector of Police, Moothugudem Police Station, while checking the vehicle at the place opposite to Moothugudem Police Station, he noticed an auto bearing registration No.TS 03 ATTR 3830 was coming from Darakonda Village to Bidar and on suspicion they intercepted it and found two persons in possession of 60 kgs of ganja intending to transport it to desired destination. They were arrested and on their confession statements were recorded. On the confession of the accused No.1, the petitioner was impleaded as accused No.2 as he was the seller of the 60
THE HON'BLE DR JUSTICE Y.LAKSHMANA RAO Crl.P.No.4037 of 2025 2
kgs of ganja to accused No.1. The petitioner was arrested on
12.08.2024.
3.
Learned counsel for the petitioner submits that the petitioner has not committed any offence; he is the sole bread winner of the family; he is ready to abide any condition to be imposed by this Court; he has completed statutory period of 60 days and urged to enlarge the petitioner on bail.
4. Per contra Ms.Akhila Naidu, learned Assistant Public Prosecutor argued that the petitioner is the seller of 60 kgs of ganja to accused No.1; investigation is not yet completed and urged to dismiss the petition.
5. On perusal of the record, the petitioner was arrested on the confession given by the accused No.1. The petitioner is a tribal and he sold 60 kgs of ganja to accused No.1. However, the petitioner has been in the judicial custody for the past 9 months. The petitioner has completed his statutory period of detention entitling for enlarging him on default bail. If some stringent conditions are imposed on the petitioner while enlarging him on bail, the ends of justice would be sub-served.
THE HON'BLE DR JUSTICE Y.LAKSHMANA RAO Crl.P.No.4037 of 2025 3
6. Therefore, I am inclined to enlarge the petitioner on bail with the following conditions: 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 Judicial Magistrate of First Class, Rampachodavaram. 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, Moothugudem Police Station, Alluri Sitharama Raju District, 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