Maghmare Shivaji Weghmare ... vs State Of Andhra Pradesh,
2021 Latest Caselaw 2183 AP

 

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI.--
TUESDAY, THE TWENTY NINETH DAY OF JUNE,
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO: 1892 OF 2021

 

Between:
Maghmare Shivaji @ Weghmare Shivaji, S/o Mauthi, Aged 40 years, R/o.D.No.2-

609/539, K.R.K. Colony, Mavala village and Mandal, Adilabad District, Telangana State.

.Petitioner/Accused-1 --
AND

State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh
at Amaravathi

. Respondent _.

Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances
stated in the memorandum of grounds filed in the Criminal Petition, the High Court may
be pleased to grant Regular Bail to the petitioner in connection with FIR in Crime
No.102 of 2020 of Chinturu Police Station, East Godavari District in the interest of
justice, -~

The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds filed in support theteof and upon hearing the arguments of
Mrs Ch Ganga Kumari, Advocate for the Petitioner and of Public Prosecutor for the
Respondent, the Court made the following. _

ORDER

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.1892 of 2021 ORDER:-

This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 {for short 'Cr.P.C.} seeking regular bail to the petitioner/A-1 in connection with Crime No.102 of 2020 of Chinturu Police Station, East Godavari District for the offence punishable under Section 8(c} r/w 20{b)(ii}(C) of the Narcotic Drugs

and Psychotropic Substances Act, 1985 (for brevity "NDPS Act').

2. The case of prosecution is that on 25.08.2020 on receipt of credible information about iNlegal transportation of ganja, Sub- Inspector of Police, Chinturu Police Station along with staff and mediators reached Chatti Cenire, Chatti Village, Chinturu Mandal and found a Bolero Pickup van in a suspicious manner on road side. On verification of the same, police found 8 bags of ganja weighing about 192 KGs and seized the same under the cover of mediators' report. On verification, the seized vehicle is registered in the name of petitioner. Hence, police registered the present crime, arrested the petitioner who is purchaser of said contraband on 06.12.2020 and

sent him to judicial custody.

3. Heard Smt. Ch.Ganga Kumari, learned counsel for the petitioner and learned Assistant Public Prosecutor for/ the

respondent-State.

4, Learned counsel for petitioner/A-1 submits that petitioner is is falsely implicated in this case. The police while conducting search and seizure, have not followed the procedure contemplated under the NDPS Act. He further submits that police have not averred either in

the mediators' report or in the remand report stating that they

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Pree newes

reduced the information into writing prior to conducting search and

seizure and no ganja is seized from the possession of the petitioner.

Further, police have not followed Section S2(A) of the Act, while

lifting the samples and it is contrary as per the judgment of the

Hon'ble Supreme Court in Mohanlal Vs. Union of India.

5. Learned Assistant Public Prosecutor submits that huge quantity of contraband i.e. 192 KGs of ganja is seized, further the entire investigation is completed and filed charge sheet. He further submits that the petitioner belongs to Telangana State and if he is enlarged on bail, it is very difficult to secure his presence during the

course of trial.

6. Taking into consideration the fact that investigation is completed and charge sheet is filed, , this Court deems it appropriate

to grant bail to the petitioner, however, on certain conditions.

7. Accordingly, this Criminal Petition is allowed. The petitioner /

-A-1 shall be enlarged on bail in Crime No.102 of 2020 of Chinturu Police Station, East Godavari District on execution of self bonds for Rs.3,00,000/- (Rupees three lakhs only) with two sureties for a like sum each to the satisfaction of the Court of the Judicial First Class Magistrate, Rampachodavaram, East Godavari District. On such release, the petitioner shall not leave the State and shall appear before the Station House Officer, Chinturu Police Station, East Godavari District once in a week between 10.00 AM and 1.00 PM until further orders.

Consequently, miscellaneous applications pending, if any, shall

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stand closed.

Sd/-M.RameshBabu .

ASSISTANT REGISTRAR

on Sh Bet

re The Judicial First Class Magistrate, Ramachodavaram, East Godavari District. 5 The Superintendent, Central Prison, Rajamahendravaram, East Godavari t ict. . . . . .

3 The Station House Officer, Chinturu Police a PUG Godavari District. | fe [ _ One CC to Mrs Ch Ganga Kumari, Advoca 3 Tne CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT]

6. One spare copy

SP

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HIGH COURT

LKJ

: 29-06-2021

DATED

ORDER

CRLP.No.1892 of 2021

ALLOWED

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