Andhra Pradesh High Court - Amravati
Gorli Gangunaidu vs The State Of Andhra Pradesh on 23 February, 2022
HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.941 OF 2022
ORDER:-
This petition is filed under Section 438 of the Code of
Criminal Procedure, 1973, to enlarge the petitioner on bail in
the event of his arrest.
2. The petitioner is A-4 in Crime No.262 of 2020 of
Golugonda Police Station, Visakhapatnam District. A case
under Sections 20(b)(i)(ii)(C) and 25 r/w 8(c) of the Narcotic
Drugs and Psychotropic Substances Act, 1985 was registered
against him.
3. Briefly stated, it is the case of the prosecution that on the
date of offence, A-1 to A-3 were apprehended by the police while
they were transporting 132.760 kgs of Ganja in a car bearing
No.AP 09 CB 0580 and the contraband was seized from their
possession. A-1 to A-3 disclosed that the petitioner herein, who
is A-4, and A-5 have financed them in transportation of the said
Ganja. Therefore, the petitioner is also shown as accused in the
above crime.
4. Heard learned counsel for the petitioner and the learned
Additional Public Prosecutor for the State.
5. Learned counsel for the petitioner would submit that the
petitioner was not found to be in possession of any such Ganja
and he was also not transporting any such Ganja and it is only
A-1 to A-3, who were found to be in possession of the said Ganja
while transporting the same illegally. He would submit that the
petitioner was arrayed as A-4 in this crime only on the basis of
the alleged disclosure statement said to have been given by A-1
to A-3 and the said statements are not valid under law and the
petitioner cannot be held responsible on the basis of the said
statement. In support of his contention, he relied on the
Judgment dated 08.02.2022 of the High Court of Punjab and
Haryana at Chandigarh in the case of Jarnail Singh v. State
of Punjab (CRM-M-5110-2022).
6. Learned Additional Public Prosecutor would submit that
the petitioner and A-5 have been absconding since the year
2020 when the crime was registered and A-1 to A-3 have clearly
disclosed in their statement that the petitioner and A-5 have
financed for transportation of the said Ganja and as such, the
petitioner is not entitled to any anticipatory bail. So, he would
pray for dismissal of the criminal petition.
7. Admittedly, the petitioner was not found to be
transporting any such Ganja and he was also not found to be in
illegal possession of the said Ganja. It is only A-1 to A-3, who
were found to be transporting the said Ganja. The only
allegation against the petitioner is that A-1 to A-3 have disclosed
that the petitioner and A-5 have financed them for
transportation of the said Ganja. Further, the crime was
registered long back in the year 2020 and till now, the police did
not apprehend the petitioner. Therefore, in the said facts and
circumstances of the case, this Court is of the considered view
that the petitioner is entitled to pre-arrest bail on certain
conditions.
8. Resultantly, this Criminal Petition is allowed. In the event
of the arrest of the petitioner in the above crime, he shall be
forthwith released on bail on execution of self bond for
Rs.1,00,000/- (Rupees one lakh only) with two sureties for a like
sum each to the satisfaction of the Station House Officer of
Golugonda Police Station, Visakhapatnam District. On his
release, he shall report before the Station House Officer of
Golugonda Police Station daily between 10-00 a.m. to 1-00 p.m.
till the charge sheet is filed in this case.
_____________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date : 23-02-2022
ARR
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.941 OF 2022
Date : 23-02-2022
ARR
