T.Pradeep Kumar, vs The State Of A.P
2021 Latest Caselaw 2175 AP

[ 3240 ]

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MONDAY, THE TWENTY EIGHTH DAY OF JUNE
TWO THOUSAND AND TWENTY ONE"
: PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANT
CRIMINAL PETITION NO: 3073 OF 2021-°

  
 

Between: mS
T.Pradeep Kumar, S/o Krishna Murthy, Aged 35 years, R/o Padmasalivai
Repalle, Guntur District s
Petitioner/Accuse 2
AND
The State of AP, Rep by its Public Prosecutor, High Court Buildings, Amaravathi.
Respondent

Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in
the grounds filed in support of the Criminal Petition, the High Courlmay be pleased to
enlarge the petitioner on bail in the event of his arrest in FIR No. 552 of 2020 on the file
of Nallapadu Police Station, Guntur District in the interest of justice

The petition coming on for hearing, upon perusing the Petition and the grounds _.
filed in support thereof and upon hearing the arguments of SRI RAJA REDDY KONETI"
Advocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondent, the
Court made the following.

ORDER:

"Learned counsel for the petitioner submits that the police are implicating innocent persons without following mandatory procedure contemplated regarding taking of samples in the presence of Magistrate for the offences under the NDPS Act. In support of the same, he relied on the judgment of the Honourable Apex Court in Criminal Appeal No.652 of 2012 (Union of India Vs. Mohanial and another).

On the other hand, learned Public Prosecutor submits that in the judgment it is made clear that there is no procedure in the Act that mandates taking of samples at the time of seizure.

However, as the issues appear to be in the larger interest, this Court deems it appropriate to decide the case on merits.

Learned counsel for the petitioner submits that he will file relevant judgments and raise the other relevant issues.

Learned counsel for the petitioner shall file the same by 30.6.2021 and serve a copy of the same on the learned Assistant Public Prosecutor. On receipt of the same, the learned Assistant Public Prosecutor shail file his counter if any.

List the matter on 09.7.2021.

Till then, no coercive steps shall be taken against the petitioner".

Sd/.P VenkataRamana DEPUTY. REGIS PRAR HTRUE COPY! NX For SECTION-OFFICER To,

The Station House Officer, Nallapadu Police Station, Guntur District One CC to SRI RAJA REDDY KONET! Advocate [OPUC]T _. Two CCs to PUBLIC PROSECUTOR, High Court of AP [OUT]

One spare copy

RWN =

HIGH COURT

'

28/06/2021

a '

DATED

LIST ON 09-07-2021

é

ORDER

é

3073 of 2021

CRLP.No

SUELLLTE.

Eorok