Andhra Pradesh High Court - Amravati
Habeeb Ahmed vs The State Of Andhra Pradesh on 26 July, 2021
Bench: Lalitha Kanneganti
ease
a Xf
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAN * ~
MONDAY, THE TWENTY SIXTH DAY OF JULY, QO
TWO THOUSAND AND TWENTY ONE :
: PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
IA No. 4 OF 2020
IN
CRLA NO: 2912 OF 2018
Between:
1. Habeeb Ahmed, s/o. Shark Ahmad, Aged about 52 years, Muslim, Akbar Nagar,
Hyderabad."
2. Abdul Khaléel, S/o: Gaffar, Aged about 28 years, Muslim, Hyderabad.
3. Galib Bhin Paisal, S/o. Paisal Bhin Ali, Aged about 28 years, Muslim, Old City,
Hyderabad.
4. Waheed Khan @ Muskin Khan, S/o. Hameed Khan, Aged about 46 years,
Muslim, Old City, Hyderabad.
..Petitioner/Accused No.2, 3, 5 & 6 Appalents »
AND
The State of Andhra Pradesh, Rep. by the Public Prosecutor, Through PS Patamata,
Vijayawada City.
..Respondents/Respondents
Counsel for the Petitioners: SRI DSURYANARAYANA
Counsel for the Respondent: PUBLIC PROSECUTOR
Petition under Section 389(1) of Cr.P.C., praying that in the circumstances stated
in the memorandum of grounds filed in support of the CrlA, the High Court may be
pleased to Suspend the sentence of RI for 10 years and to pay a fine of Rs.1,00,000/-
each for an offense punishable u/s.20(b)(ii{(c} of NDPS act imposed on the appellants
on 19-09-2017 in NDPS sessions case no.158/2017 passed by | Addl. District Session
Judge at Viiayawada and enlarge the petitioners on bail by suspending the sentence
and fine, pending disposal of CRLA No.2912 of 2018, on the file of the High Court.
The court while directing issue of notice to the Respondents herein to show
cause as fo why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following
ORDER
"This petition is filed seeking suspension of sentence
imposed in judgment dated 19.09.2018 passed in
S.C.N0.158 of 2017 by the learned Metropolitan
Sessions Judge -cum- Special Judge for. Trial of NDPS Act
Offices, Vijayawada and to enlarge the petitioners on bail,
pending disposal of the criminal appeal.
Heard Sri D.Suryanarayana, learned counsel for the
petitioners and learned Assistant Public Prosecutor for
the respondent-state.
Learned counsel for the petitioners submits that the
petitioners/A2, A3, AS and AG were sentenced to suffer
rigorous imprisonment for ten years and to pay a fine of
Rs.1,00,000/- each for the offence punishable under Section
20(b)(ii)(c) of the NDPS Act in default of payment to undergo
simple imprisonment for six months.
Learned counsel for the petitioners submits that PW3
admitted that he did not reduce the information into
writing which is clear violation of Section 42 of the NDPS
Act and the court below, without considering the fact that
the Police failed to follow the procedure, had erred in
convicting the petitioners. He submits that the petitioners
are langhishing in jail since 19.07.2017 and this court has
granted bail to Al and A4 who approached this Court by
filing criminal appeal Nos.2960 of 2018 and 3050 of 2018
respectively and both the appeals were admitted. Hence,
learned counsel for the petitioners submits that the
petitioners' case may be considered for grant of bail.
Learned Assistant Public Prosecutor opposed the petition.
Taking into consideration the facts and
circumstances of the case, the sentence of imprisonment
imposed against the petitioners/A2, A3, AS and A6 in the
judgment, dated 19.09.2018 passed in S.C.No.158 of 2017 by
learned Metropolitan Sessions Judge -cum- Special Judge for
Trial of NDPS Act Offices, Vijayawada, alone is suspended
pending the criminal appeal. The petitioners/ A2, A3, AS and
A6 shail be enlarged on bail on execution of self bond for
Rs.50,000/-(Rupees Fifty Thousand Only) each with two
sureties for a likesum each to the _ satisfaction of
Superintendent, Centra! Prison, Nellore. The petitioners
shall not leave the State. if the petitioners indulge in any
crime during pendency of the appeal, the prosecution is at
liberty to file appropriate application seeking cancellation of
bail."
Sd/-K TataRao
ASSISTANT.REGISTRAR
TRUE COPY/! ger /
. For ASSISTANT REGISTRAR
0,
1. The | Addi. District Session Judge cum Special Judge for the Trail of Cases
under NDPS Act at Vijayawada.
2. The Metropolitan Sessions Judge -cum- Special Judge for
Trial of NDPS Act Offices, Vijayawada
The Superintendent, Central Prison, Nellore
One CC to Sri Kunuku Raja Sekhar, Advocate [OPUC]
Two CCs to Public Prosecutor, High Court of Andhra Pradesh.[QUT]
One spare capy
on & w&
HIGH COURT
LKJ
DATED: 26/07/2021
ORDER
IA No. 1 OF 2020
IN
CRLA NO: 2912 OF 2018
DIRECTION
