Habeeb Ahmed vs The State Of Andhra Pradesh
2021 Latest Caselaw 4507 AP

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE TWENTY SIXTH DAY OF JULY,
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANT!
{A 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 Khaleel, 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 Appellants

AND
The State of Andhra Pradesh, Rep. by the Public Prosecutor, Through PS Patamata,
Vijayawada City.
..Respondents/Respondents
Counsel for the Petitioners: SRI D SURYANARAYANA
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 Vilayawada 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 to 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 $.C.No0.158 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 fer the petitioners and tflearned 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.

Contd...2..

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 49.07.2017 and this court has granted bail to Al and Ad 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 AG in the judgment, dated 19.09.2018 passedin $.C.N0.158 of 2017 by learned Metropolitan Sessions Judge -cum- Special Judge for Trial of NDPS Act Offices, Viiayawada, alone is suspended pending the criminal appeal. The petitioners/ A2, A3, AS and A6& shall be enlarged on ball 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 Metropolitan Sessions Judge -Cum- Special Judge for Trail of NDPS Act offences, Vijayawada. The petitioners shall not leave the State. Hf the petitioners indulge in any crime during pendency of the appeal, the prosecution is at liberty to file appropriate application seeking cancellation of ball."

Sd/-K Tata Rao ASSISTANT REGISTRAR TRUE COPY// EEN

For ASSISTANT REGISTRAR To,

1. The] Addl. District Session Judge cum Special Judge for the Trail of Cases under NDPS Act at Vilayawada.

2. The Metropolitan Sessions Judge -cum- Special Judge for Trial of NDPS Act Offices, Vijayawada

The Superintendent, Central Prison, Rajamahendravaram, E.G. District

One CC to Sri Kunuku Raja Sekhar, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of Andhra Pradesh. [QUT] One spare copy Note: Amended the Address of Central Prison as "Superintendent, Central Prison, Rajahmahendravaram, in the place of Superintendent Central Prison, Nellore" in the Order dated 26-07-2021 in IA. No. 01 of 2020 in CrA. No. 2912 of 2018, as per the Court Order dated 09-09-2021 in IA. No. 01 of 2021 (for being mentioned) in CriA. No. 2912 of 2018.

Substitute this Amended order dated' 09-09-2021 in the place of earller order dated 26-07-2021 which was dispatched an 31-07-2021.

O or

jo

Sd/- K, Tata Rao Asst. Registrar

Contd.. 3..

3»

Note:- Amended the name of bail satisfaction court as "Metropolitan Sessions Judge-Cum-Special Judge for Trial of NDPS Act Offences, Vijayawada" instead of "Superintendent, Central Prison, Rajamahendravaram" in the order dt. 26.07.2021 in Crl.A.No. 2912/2018, as per Court Order dt. 02.41.2021 in IA No, 02/2021 in 1A No. 01/2021 in Cri.A. No. 2912/2018.

Substitute this Amended order dt. 03.11.2021 in the place of earlier order dt. 09.09.2021 which was dispatched on 22.09.2021.

SD/- K. TATA RAO ASSISTANT REGISTRAR

"HIGH COURT

LK,J

DATED: 26/07/2021 (Amended date: 09-09-2021) (Amended date: 03-11-2021)

ORDER (amended order) (amended order)

IA No. 1 OF 2020 IN CRLA NO: 2912 OF 2018

DIRECTION