Andhra Pradesh High Court - Amravati
Upputhota Amara Lingam Amar vs The State Of Andhra Pradesh on 15 February, 2024
THORSDAY THE FIFTEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR ,
'PRESENT: XY
THE HONOURABLE SRI JUSTICE T MALLICARJUNA RAO
CRIMINAL PETITION NO: 650 OF 3094
Betwasn:
Upputhota Amara Lingarn @ Amar, Upouthota Amara Lingam Amar, So Masayya,
Age 30 years, Rio Mandadi Road, Near Anjaneyaswami Temple, Macharia Village,
Painadu, Guntur Distric
Petitioner Accused-d
AND
The State of Andhra Pradesh, The State of Andhra Pradesh, Rep. by its Public
Prosecutor, High Court of Jucleature of Andhra Pradesh At Amaravall.
Respondent(Complainant
Petition under Sections 437 2 432 of CrP.G, is filed praying that In the
circumstances sfated in the memorandum of grounds filed In support of the Criminal
Febtion, the High Court may be pleased to release the pettioner/Accused ~ 4 on ball
in crime No.7i/23 K. Kotapadu Police sistion, Anakapalli District Gormally Known
Visakhapainam District
COUNSEL FOR THE PETITIONER « SREKARUMANU JOU) AMRUTHA RAJU
COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR
THE COURT MADE THE FOLLOWING ORDER
SANE
THE HON'BLE SRY JUSTICE T.MALLIKRARIUNA RAG
CRIMINAL PETITION No.g50 of 2024
ORDER:
,
This Criminal Petition under Sections 437 and 439 of CrP, has been
fled by the petitioner/Ad seeking regular ball in CrNo.?i/2023 of K.Rotapadu
Police Station, Anakapalle Cistrict.
ay The above said crime was registered against the setitioner/Ad herein and
others for the offence punishable under Section SGC} read with ZO(bNaNc) of
the Narcotic Grugs and Psychotropic Substances Act, 1985 (for short the NDPS
Act'.
3. The case of the prosecution is as follows:
On 09.9.2083 at about 12.G0ncon, the SE of K.Kotavadu oolice station
on credible information about illegal transportation of gana, secured the
presence of mediators and rushed! to k.Kofapac juriction bus ston and found
the Al and A2 in possession of 22kqs of gana. After observing all formalities,
they were arrested and basing on their confession, the petitionerfAd was
arrested or 16.94.2023,
4, armas] counsel for the oefitioner contended that Al and A? were
yoy ee
enlarged on bail vide orders in CYLP.No.O720 of 2023 on 02.01.2034 who were
found to be in possession of contraband of 22kqs and this petitioner is arrested
Rasing on the confession of other accuser, as such prays to enlarge the
petitioner aon bail.
3. On the other hand, learned Assistar t Public . Prosecutor opposed for grant
of Dal to the petitioner, He further submitted that there are no Orevious
antecedents against the petitioner,
&. Heard both sides,
* Neav, the point for consideration is:
Whether the petilionersAd can be released on grant of bail?
POINT:
8, Perused the entire material on ie
a. Cunsidering the submissions, this Court has carefully gone through the
material placed an record. This Court granted bail to Al and AZ on G2.01.2004
on the ground that the investigating officer has not followed the procedure
contemplated under Section 52-4 of NDPS Act and by placing reliance on the
judgment in between Svmenranit Singhs vs. State of Punja&'. The
mediators repart shows that the case came to be registered against the
petitioner basing onthe confession of co-accused and no independent material
nas been collectec! to show the involvement of the petitioner in the commission
of offence. Material on record shows that no contraband was seized fram the
passession oF accused, Evident! uy, the case is registered against the tianer
basing on the canfession staternent of other accused. Except the confession
statement, no other material has been collectex! by the police to connect the
ccused with the present crime and the petitioner has been in judicial custody
From 16.9.2023. Most of the witnesses are shown to be official witnesses and
2023 Law Saif Sil} 839
was
RNA
To,
the release of fhe accused would not cause hampering of investigation. As
ost of the Investigation might have been completed am the petitioner had
sermanent abode and there is no possibility of his fleeing away from justice, a8
such, this Court is incined to gra nt bail to the petitions
x? .
18, ir the woes if ar ra taatt tas 5
sult, the crirainal petition is allawed with the following
3 ne oN t e ae eR 4 he REREET ot 2 ~ YES ¢ mts oN iy x
. 3 c 1 Sew? pe 4 Qy By 3 bet ali He: cP NERS, ed a3 oe ii ig a xe ii 1 3 a
} + 2 rR: i i & j z 3 3} g Sk s s: : Mee FR a uy
Ret Soy a bar } { f : > 3 pt 3 : Bu y PHAN kk } Ro . ' £ ¥ : Fh 3
} hy Of Rp: > g, iG i 3 AUTOS Pty + CHiSe Re andy Ww thy WO 3 Oy
BARI OR Ls 3
sureties for a ike sum each
or a ike sum each fo the satisfaction of the learned Metropolitan
we)
>
a)
oan
oy
ons Judge, Visakhapatnarn,;
Nf} After re s, the pet sone
om i} After release, the petit joner shall acocear before the Station House
Se esx «s Parte 2 eee ebay . .
icer concerned on every Sunday bebween 10.00am and O1.00pm for a period
| PX e S333 Redan ea ets
of three COS} reonths; and |
HO «3 ¢ in Be oe
Hi} that the petiioner is directed not to hamper the investigation anc
€ ee
tamper with the prosecution witnesses
NTRUE COPYE
4. The Matrapolitan Sessions dudge- Cun ) Additional District & Seagions Judge-
Special Jue dge far Tral of Offences et NOES Act, Visakhapains®
The Metropolian Sassinis JUdgE, Yisakhepaiianm
pen
The Superintendent, Can tral Srgon, Vieakhapainam
The SHO, K Kolapady Police station, Ans rakanalll Distt ef Gormally Known
Yisakhapainans Mistrich
one CO fe SRL KAKUA MANU OG AMRUTHA KR AGU Aslvacale fOPUC]
Tywer COs to PUBLIC & PROSECUTOR, High Gourl t of APIOUT
One spare Copy
vod ch B
HIGH COURT
TR,
DATED: 1SOs2024
BAIL ORDER
SRL No.gho of £024
ALLOWED
oe
RENE
Sy :
Rte Sy
sameeren erage.
