Gorli Gangunaidu Chinna vs The State Of Andhra Pradesh
2023 Latest Caselaw 5224 AP

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      THE HON'BLE SRI JUSTICE T.MALLIKARJUNA RAO

               CRIMINAL PETITION NO.8051 of 2023
ORDER:

This Criminal Petition under Sections 437 and 439 of

Cr.P.C., has been filed by the petitioner/A3, seeking regular bail

in Cr.No.32 of 2023 of Payakaraopeta Police station, Anakapalle

District.

2. The above said crime was registered against the

petitioner/A3 herein and others for the offence punishable under

Section 20(b)(ii)(C) and 25 read with Section 8(C) of the Narcotic

Drugs and Psychotropic Substances Act, 1985 (for short 'the

NDPS Act').

3. The case of the prosecution is as follows:

On 05.02.2023, on receipt of credible information, the Sub-

Inspector of Police, Payakaraopeta Police Station along with staff

and mediators rushed to Padalavani Laxmipuram Village

junction and started vehicle checking. He found one Ashok

Leyland goods van bearing registration No.AP 27 TW 1528

coming from Nakkapalli and proceeding towards Tuni and by

looking at police, the inmates in the van tried to escape. Then

the police apprehended two persons. During interrogation, the

two persons who are accused nos.1 and 2 disclosed their address

particulars and basing on their confessional statement 54kgs of

ganja was seized, being loaded in the vehicle, from the possession

of accused nos.1 and 2 in the presence of mediators under the

cover of mediators report. Accused no.2 confessed about the

involvement of petitioner/accused no.3 that along with him Azar

Pasha and G.Chinna i.e. petitioner herein loaded 27 gunny bags

consisting 54kgs of ganja in the vehicle. On 22.6.2023, the

Inspector of police, Payakaraopeta police station, on credible

information about absconding of the petitioner/accused no.3,

secured the presence of mediators and rushed to Payakaraopeta

village and found the petitioner/accused no.3 along with

motorcycle. On seeing the police, he tried to escape. Then the

police apprehended him. During interrogation,

petitioner/accused no.3 disclosed his address particulars and on

his confessional statement, he was identified as one of the

accused involved in this crime.

4. Learned counsel for the petitioner contended that the

petitioner was arrested on 22.6.2023 and the investigation has

been completed. The other accused i.e. accused nos.1 and 2

were already released on bail on 07.8.2023. It is submitted on

behalf of the prosecution that there is no previous criminal

record to the petitioner.

5. On the other hand learned Assistant Public Prosecutor

submitted that investigation is going on and the contraband

involved is of commercial quantity thereby opposed the bail

application.

6. Heard both sides.

7. Now, the point for consideration is:

Whether the petitioner/accused no.3 can be released on

grant of bail?

POINT:

8. Perused the entire material on record. According to the

contention of the petitioner, basing on the confession statement

said to be made by accused nos.1 and 2, the crime is registered

against the petitioner. The said fact is not disputed by the

learned Assistant Public Prosecutor.

9. Learned counsel for the petitioner submits that the

confession statement is inadmissible in evidence as held by the

Hon'ble Supreme Court in Tofan Singh vs. State of

Tamilnadu1 which is also referred to and followed by the Hon'ble

Supreme Court in its latest judgment State by (NCB) Bengaluru

vs. Pallulabid Ahmad Arimutta2. Since the case is basing on

the confessional statement of accused nos.1 and 2, this Court

(2021)4 SCC 1

Spl. Leave to Appeal (Criminal) No.242/22 dated 10.01.2022

finds force in the submissions of the learned counsel for the

petitioner. In view of the foregoing discussion, this Court is

inclined to grant bail to the petitioner/accused no.3.

10. In the result, the petition is allowed with the following

conditions:

i. The petitioner/A3 herein shall be released on bail on his

executing a personal bond for Rs.25,000/- (Rupees twenty five

thousand only) with two (02) sureties for a like sum each to the

satisfaction of the learned Metropolitan Sessions Judge,

Visakhapatnam, Visakhapatnam District.

ii) Further, the petitioner/A3 is directed not to hamper the

investigation and tamper with the prosecution witnesses.

__________________________________ JUSTICE T.MALLIKARJUNA RAO

31.10.2023 RD

THE HON'BLE SRI JUSTICE T.MALLIKARJUNA RAO

CRIMINAL PETITION NO.8051 of 2023

Dated: 31.10.2023

RD