Tony Sachdev Deepu vs The State Of Andhra Pradesh
2023 Latest Caselaw 5225 AP

     THE HONOURABLE SRI JUSTICE T.MALLIKARJUNA RAO

             CRIMINAL PETITION NO.8156 OF 2023

O R D E R:

This Criminal Petition under Sections 437 and 439 of

Cr.P.C., has been filed by the petitioners/A5 to A7, seeking

regular bail in Cr.No.92 of 2023 of Bommuru police station,

East Godavari District.

2. The above said crime was registered against the

petitioners/A5 to A7 herein and others for the offence

punishable under Section 8(C) read with 20(b)(ii)(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 29.3.2023 at 11.15am at first floor of the building in

Door No.3-1050 of three temples street, Navabharat Nagar,

Hukumpeta Panchayat of Rajamahendravaram Rural Mandal,

the S.I.of police, Bommuru police station conducted raid and

caught hold A1 to A7 who were found in possession of 120kgs

of ganja in two bags for packing the ganja so as to transport

the same to New Delhi at the instance of A8. The contraband

along with vehicles and other material were seized under the cover of mediators report. A1 to A7 were arrested on

29.3.2023 and they were sent to judicial custody.

4. Learned counsel for the petitioner contended that the

petitioners were arrested on 29.3.2023 and they are

languishing in jail since more than 180 days and charge sheet

is not filed, as such they are entitled for default bail.

5. The learned Assistant Public Prosecutor opposed to grant

bail to Petitioner/Accused No.2 on the ground that the

investigation is not completed. But fairly conceded that charge

sheet is not filed and petition filed on behalf of the prosecution

under Section 36(a)(iv) of Cr.P.C for extension of time is also

dismissed by the trial Court on 03.10.2023.

6. Now the point for consideration is:

Whether the petitioners/A5 to A7 can be released on grant of bail?

POINT:

7. Perused the material on record.

8. It is submitted by learned counsel for petitioner/A5 to A7

that they are in judicial custody from 29.3.2023 and so far

charge sheet has not been filed and the application filed under

Section 36(a)(iv) Cr.P.C. by the prosecution agency was

dismissed by the trial Court on 03.10.2023. Perused the copy of judgment in Gurpal Singh and others Vs. State of Punjab

decided on 23.04.2016 in C.R.R.No.791 of 2016 on the file of

the Punjab and Haryana High Court at Chandigarh, it

supports the contention of the learned counsel for the

petitioners. According to the case of prosecution, the

contraband involved in this case is 120kgs, as such, it is not

in dispute that contraband is of commercial quantity.

9. Admittedly, petitioners/A5 to A7 are in judicial custody

since more than 180 days i.e., from 29.3.2023 to till today and

so far charge sheet not has been filed against them so the right

of default bail has ripened into the status of an indefeasible

right and petitioners/A5 to A7 exercised the right by offering to

furnish sureties. Though the learned Assistant Public

Prosecutor contends that investigation is pending, no specific,

cogent and convincing reasons have been stated by the

prosecution for the detention of petitioners/A5 to A7 beyond

the period of 180 days. In the said facts of the case, this court

is of the view that the petitioners/A5 to A7 are entitled for bail

with certain conditions.

10. In the result, Criminal Petition is allowed, by grating bail

to the petitioners/A5 to A7 with the following conditions:

i) Petitioners/A5 to A7 shall execute a bond for

Rs.50,000/- (Rupees Fifty thousand only) each with two

sureties for the like sum each to the satisfaction of the VI

Additional Judicial Magistrate of First Class,

Rajamahendravaram;

ii) The petitioners/A5 to A7 shall appear before the

Investigating Officer, on every Tuesday and Friday in between

10.00am and 02.00pm, till filing of charge sheet.

iii) Further, the petitioners/A5 to A7 shall furnish their

permanent address particulars/proof and contact phone

numbers to the Investigating Officer.

iv) Further, the petitioners are 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.8156 of 2023

Dated: 31.10.2023

RD