HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.941 OF 2022 ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, to enlarge the petitioner on bail in the event of his arrest.
2. The petitioner is A-4 in Crime No.262 of 2020 of Golugonda Police Station, Visakhapatnam District. A case under Sections 20(b)(i)(ii)(C) and 25 r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 was registered against him.
3. Briefly stated, it is the case of the prosecution that on the date of offence, A-1 to A-3 were apprehended by the police while they were transporting 132.760 kgs of Ganja in a car bearing No.AP 09 CB 0580 and the contraband was seized from their possession. A-1 to A-3 disclosed that the petitioner herein, who is A-4, and A-5 have financed them in transportation of the said Ganja. Therefore, the petitioner is also shown as accused in the above crime.
4. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
5. Learned counsel for the petitioner would submit that the petitioner was not found to be in possession of any such Ganja and he was also not transporting any such Ganja and it is only A-1 to A-3, who were found to be in possession of the said Ganja while transporting the same illegally. He would submit that the 2 petitioner was arrayed as A-4 in this crime only on the basis of the alleged disclosure statement said to have been given by A-1 to A-3 and the said statements are not valid under law and the petitioner cannot be held responsible on the basis of the said statement. In support of his contention, he relied on the Judgment dated 08.02.2022 of the High Court of Punjab and Haryana at Chandigarh in the case of Jarnail Singh v. State of Punjab (CRM-M-5110-2022).
6. Learned Additional Public Prosecutor would submit that the petitioner and A-5 have been absconding since the year 2020 when the crime was registered and A-1 to A-3 have clearly disclosed in their statement that the petitioner and A-5 have financed for transportation of the said Ganja and as such, the petitioner is not entitled to any anticipatory bail. So, he would pray for dismissal of the criminal petition.
7. Admittedly, the petitioner was not found to be transporting any such Ganja and he was also not found to be in illegal possession of the said Ganja. It is only A-1 to A-3, who were found to be transporting the said Ganja. The only allegation against the petitioner is that A-1 to A-3 have disclosed that the petitioner and A-5 have financed them for transportation of the said Ganja. Further, the crime was registered long back in the year 2020 and till now, the police did not apprehend the petitioner. Therefore, in the said facts and circumstances of the case, this Court is of the considered view that the petitioner is entitled to pre-arrest bail on certain conditions.
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8. Resultantly, this Criminal Petition is allowed. In the event of the arrest of the petitioner in the above crime, he shall be forthwith released on bail on execution of self bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for a like sum each to the satisfaction of the Station House Officer of Golugonda Police Station, Visakhapatnam District. On his release, he shall report before the Station House Officer of Golugonda Police Station daily between 10-00 a.m. to 1-00 p.m. till the charge sheet is filed in this case.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date : 23-02-2022 ARR 4 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.941 OF 2022 Date : 23-02-2022 ARR