Gouri Sankar Pradhan vs State Of Andhra Pradesh
2024 Latest Caselaw 480 AP

Citation : 2024 Latest Caselaw 480 AP
Judgement Date : 11 January, 2024

Andhra Pradesh High Court - Amravati

Gouri Sankar Pradhan vs State Of Andhra Pradesh on 11 January, 2024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATE

THURSDAY, THE ELEVENTH OA&Y OF JANUARY,
TAO THOUSAND AND TWENTY FOUR "
'PRESENT:

TRE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO ~
CRIMINAL PETITION NO 8839 OF 2023

Hehvean:
1. Sau Sankar Fracthan, S/o Late Kallash Chandra Pradhan, aged about 38
years, Rola Veedhi (Chit Veedhh, Salur Tawn, N/o Sarnbarakota Veedhi,

Jaypoare Town of Odisha State. (A-7}

MO

subaro Sethi, Sfo Ramu, aged 40 years, Chandaka Village, Potlang! Block of
Koraput Distnel Odisha Siete. (4-3)
 PetiionersiA-T and A-2
AND
State of Andhra Pradesh, represented by ite Publ ¢ Prosecutor, High Gourt of Andhra
Pradesh at Amaravalhi.

. RespanionyCompiainant

Fatition under Section 437 & 439 of Or Pic is fled praying thal in the
cHCUMStances Slated in memorandum of grounds of Criminal Refition, the High Court
may be pleased io consider the same and ralease the Petiionersé4-1 and A-2 an bail
in CrNo. 146/2023 of Salur Rural Police Station, Viranagaram District on such tarme
and canditions as the Honourable Court deers fi and proper under the fight of the

circumsatanoes of the case, in the interest of justice

The petiien coring on for hearing, upon perusing the Petition and
mamorandum of grounds of criminal peliion and upon hearing the arguments of Sri
Golapali Maheswara Rao, Advocate for the Petitioners and Public Prosecutor fer the

Reapondent, the Court made the illowing:

ORDER:

THE HON'BLE SRI JUSTICE T.MALLIKARIUNA RAO

CRIMINAL PETITION No.8839 of 2023

ORDER:

This Criminal Petition uncer Sections 437 and 439 of CrP. has been filed by the petitioners/Al and A2 seeking regular ball n Cr.No, 140/2023 of Salur Rural police stahon. > 'The above said crime was registered against the petitiariers/Al and Ad herein for the offence qunishable under Section 20¢b (IC) read with Bfc) of the Narcotic Orugs and Psychotropic Substances Act, 1985 {for shart 'the NDPS Act')

3%. The case of the prosecution is as follows:

On 07.8.2023, the Sub-Inspector of police, Sa fur Rural police station, on credible information about Transper ration of ganja, secured the presence of mediators and rushed to Nereiavalasa junction of Satur Mandal and found two male sersons standing there along with travel bags and hwo motorcycles. On seeing police, they fied fo ran away. Then police apprehended them and on interrogation, they disclased their identity particulars and police seize 23,9kqs of ganie fram them, rrested Al and AQ and remanded them to judicial cu stody.

4. During the course of hearing {garned counsel appearing on behalf

of the petitioners/Al and Az accorded oermission af this court fo

withdraw the ball application agaist pet titionerfAl. Parmissien is

A ag

bo

accorded. Hence, this bail application is on behalf of petitioner/A2 only.

Learned counsel for the petitioner/A? contended that the petitioner was arrested on 07.8.2023 and since then he is in judicial custody. The pettioner is aged about 40 years and he is eking aul his fivelihoad by doing coolle work and pray to enlarge the petitioner on bail.

5. On the other hand, learned Assistant Public Prosecutor also confirms non-filing of charge sheet by the police and opposed for grant of ball to the petitioner

&, Heard both sides,

3. Now, the point for consideration:

Whether ihe petitioner A' can b& refeasead on grant of bail?

8 Perused the entire rnaterial on record.

g, Learned counsel for the petitioner submitted that even according to mediators report, the investigating officer has not followed the procedure contemplated under Sub-Section 3 of Sec.53-4 of NDPS Act. iG. Learned Assistant Public Prosecutor submitted that the mediators report shows that patice informed Mandal Executive Magistrate and

ested him to send mediators li. In view of the submissions mace by the learned counsel for the

petitionar/A2 regarding contravention of Section 52-A of NDPS Act, this

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f& Mena, dhe case of the Prosecution is fot free fron SUSMEIO anc? the. Same Aas not Deen estabished bevond a reasonaiie doubh Accordingly. we set aside the UNOUGIES Judgments insofar as the present aopetiant i concerned and

Gus acy Ais COTHACHON acy senten 308

fd, The appeal i sccordingty alowed ig, By following the above prin cine laid down, this Court found that the said principle fs clearly applicable to the facts of the case. Moreover, the petitioner is In judictal custody from O7.8.2023. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/A?,

i3.. In the result, the Ceminal Petition is dismissed as withdrawn with regard to the netitioner/At and the Criminal Petition is alowed with regard to getitionar/Ag with the follows ing conditions:

i. The petitioner/A? herein shall be released on ball an Ais executing 8 persenal band for Rs. 25, BOG ¢ (Rupees twenty five thousanc only) with two (023) sureties for a fike sum each to the satis sfaction of the learned Judicial First Class Ma qistrate, Salur

H) After ase, the petitioner/A? shall aopear before the Station House Officer concerned, an every Sunday between i6.0dam and

2.00no0n for a period of three {033} months: and } that the petitioner is directed nat to hamper the investigation

and tamper with the Prosecution witnesses.

Sd. U. SREDEV! ASSISTANT REGISTRO.

(PRUE COPYH SECTION OFFICER

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The dudicial First Glass Magisira The Special Judge for Trial of cases

Seesians - dge, Viriaganaran

The Superh sande tt pentral Prison,

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