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2025 DAILYLAW 2717 (AP)

KILLO JOGIRAJU v. THE STATE OF ANDHRA PRADESH

CRLP/184/2025 · 2025-01-17

Maheswara Rao Kuncheam

body2025

Judgment text

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 184 of 2025 ORDER: This Criminal Petition under Sections 480 and 483 of BNSS, has been filed by the petitioner/A2, seeking regular bail in Cr.No.75 of 2024 of Chintapalli Police Station, Alluri Sitharama Raju District. 2. The above said crime was registered against the petitioner/A2 herein and another for the offences punishable under Section 8(c) read with Section 20(b)(ii)(C), 25 of the NDPS Act. 3. Case of the prosecution, in brief, is that, on 23.07.2024 at about 10.15 a.m., on receipt of credible information about illegal transportation and possession of Ganja, the Sub Inspector of Police along with his staff and mediators rushed to Teak Plantation, Chinthapalli Village and found the accused in possession of 35.470 Kgs of Ganja. The contraband along with other material was seized under the cover of mediators report. 4. Heard. Perused the record. 5. Learned counsel for the petitioner/A2 contended that the petitioner was arrested on 23.07.2024 and since then he has been in judicial custody and that statutory period of 180 days is completed. However, police have not filed charge sheet and requested to enlarge the petitioner/A2 on bail. 6. On the other hand, learned Assistant Public Prosecutor also admitted non-filing of charge sheet by the police even after statutory period of 180 days is completed, but opposed to grant bail. 7. A perusal of the material on record shows that the petitioner was arrested on 23.07.2024 and since then he has been languishing in jail. The statutory period of 180 days is completed. But, the Police neither filed any charge sheet within the stipulated time nor any application for extension of time for investigation. Since the petitioner herein is languishing in jail for the 2 past more than 180 days and so far no charge sheet has been filed by the Police, in such circumstances, irrespective of merits of the matter by default petitioner is entitled for bail. 8. In the result, the criminal petition is allowed with the following conditions: i) The petitioner/A2 herein shall be released on bail on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two (02) sureties for a like sum each to the satisfaction of the learned I Additional District & Sessions Judge – Special Judge for Trial of Offences under NDPS Act, Visakhapatnam; ii) After release, the petitioner shall attend before the Station House Officer concerned, once in a fortnight, for a period of three (3) months; and iii) that the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date:17.01.2025 KSJ/KA 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 184/2025 Date:17.01.2025 KSJ/KA