Yalamanchili Ramakondala Rao ... vs The State Of Andhra Pradesh
2022 Latest Caselaw 2136 AP

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                       MAIN CASE No.: Crl.A.No.178 of 2022

                                     PROCEEDING SHEET

Sl.                                                                                   Office
        DATE                                     ORDER
No                                                                                    Note

1.

29.04.2022 CMR, J

Crl.A. No.178 of 2022

Admit.

Notice.

Post the matter after Summer Vacation, 2022.

________ CMR, J I.A.No.1 of 2022 The petitioner is the sole accused in N.D.P.S. S.C.No.1 of 2017 on the file of the learned Special Sessions Judge for Trial of the Cases under the Narcotic Drugs and Psychotropic Substances Act - Cum- I Additional Sessions Judge, Nellore. He was tried for the offence punishable under Section 8(c) r/w 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. He was found guilty for the said offence and was convicted for the said offence and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- and in default to undergo rigorous imprisonment for a period of three years.

Aggrieved thereby, he has preferred this appeal to this Court against the said judgment of conviction and sentence and filed this petition for suspension of execution of sentence imposed against him and to release him on bail.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. As per the facts of the prosecution case, one car bearing No.AP 26 AA 4658, which is Ford Fiesta, was found at the scene of offence on 12.12.2014 at 10.00 hrs. Police found about 317.415 kgs of Ganja in the said car. The accused was not found at the scene of offence at that time and he was also not arrested at that time and no contraband was seized from his possession. It is stated that subsequently after about ten months i.e., on 16.09.2015 that the accused was apprehended and at that time, he confessed before the police that he was transporting the said Ganja and he left the car at the scene of offence due to repair. It is only on the basis of the said confessional statement said to have been given by the accused, he is implicated as an accused in the above crime.

Therefore, in the said facts and circumstances of the case, as the petitioner was not apprehended at the scene of offence when the contraband was seized in this case and as contraband was not seized from the possession of the petitioner herein and as he was shown as accused only on the basis of the confessional statement said to have been given by him before the police, which is prima facie not valid under law to record a finding of guilt against him on the basis of the said confessional statement given before the police, this Court is of the considered view that the petitioner is entitled for suspension of execution of sentence and to enlarge him on bail.

The petitioner has paid the fine amount in the trial Court. He was also on bail throughout the trial in the trial Court.

Therefore, only the execution of substantive sentence of imprisonment imposed against the petitioner in the above case is hereby ordered to be suspended till the disposal of this Criminal Appeal.

The petitioner shall be released on bail on execution of self bond for Rs.2,00,000/-(Rupees two lakhs only) with two sureties for a like sum each to the satisfaction of the learned Special Sessions Judge for Trial of the Cases under the Narcotic Drugs and Psychotropic Substances Act - Cum- I Additional Sessions Judge, Nellore.

________ CMR, J

AKN