Pachinolla Kandaiah vs The State Of Andhra Pradesh
2022 Latest Caselaw 4935 AP

             HIGH COURT OF ANDHRA PRADESH

MAIN CASE No: CRL.A.No.237 of 2022

                      PROCEEDING SHEET

 Sl.                                                                              OFFICE
       DATE                                 ORDER
No.                                                                               NOTE.
03   02.08.2022

RC,J CRL.A.No.237 of 2022 Post after two (02) weeks.

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Heard learned counsel for the petitioner and learned Special Assistant Public Prosecutor for the State.

The petitioner/appellant was convicted for the offence punishable under Section 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to suffer Rigorous Imprisonment for a period of one (01) year and to pay a fine of Rs.10,000/- (Rupees ten thousand only), in default to suffer Rigorous Imprisonment for a period of three months, vide judgment dated 03.03.3022 in NDPS No.2 of 2016 passed by the learned I Additional Sessions Judge, Chittoor.

The learned counsel for the petitioner/ appellant would submit that the petitioner/ appellant is aged more than 74 years and the contraband involved in this case is less than commercial quantity and that he has paid the fine amount in the Court below and hence prayed to suspend the sentence and release the petitioner/appellant on bail pending disposal of this Criminal Appeal.

The learned Special Assistant Public Prosecutor though admits the age of the appellant and the quantity of the contraband involved in this case being less than the commercial quantity, would submit that the petitioner/ appellant may flee from justice, in case he was released on bail.

Perused the receipt filed evidencing payment of fine amount in the Court below, which shows that the petitioner/appellant has paid the fine amount of Rs.1,000/- in the Court below.

Taking into consideration the age of the petitioner/appellant and the fact that the contraband involved in this case is less than the commercial quantity, the execution of substantive sentence of imprisonment imposed against the petitioner in N.D.P.S.No.2 of 2016 on the file of the Court of the learned I Additional Sessions Judge, Chittoor, is hereby ordered to be suspended till the disposal of the Criminal Appeal. However, the apprehension of the learned Special Assistant Public Prosecutor is taken care of by imposing certain conditions.

The petitioner shall be released on bail on execution of self bond for Rs.25,000/-(Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned I Additional Sessions Judge, Chittoor. On release, the petitioner/appellant shall report before the Station House Officer, Prohibition & Excise Station, Punganur, once in a month i.e. on 2nd Sunday of every month in between 9.00 a.m. and 12.00 noon, till disposal of this Criminal Appeal.

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