IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY NINTH DAY OF MAY TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CRL.P. NO:5653 of 2014 Between:
S.K Hussain, S/o Madhina . Petitioner/Accused No.1 AND The Station House Officer, Gopalapatnam P.S., Visakhapatnam District and State rep by Public Prosecutor, High Court of A.P. Hyderabad . Respondent Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner/Accused No.1 on bail in the event of his arrest by the respondent Gopalapatnam P.S., Visakhapatnam District in Cr.No.91/2014;
The petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri G.Venkata Reddy, Advocate for the Petitioner and of the Public Prosecutor, for the Respondent, the Court made the following.
ORDER:
“This criminal petition is filed under Section 438 Cr.P.C. seeking anticipatory bail to the petitioner/A1 in connection with Crime No.91 of 2014 of Gopalapatnam Police Station, Visakhapatnam District registered for the offences punishable under Sections 20(b) and 43(a) of NDPS Act and Section 102 of Cr.P.C.
Heard the learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the respondent- State.
It is the case of the prosecution that police seized 54 Kgs. 300 grams of Ganja from auto. The prosecution further alleged that A2 confessed the names of the petitioners as the owner of the auto, from which police seized Ganja.
Learned Additional Public Prosecutor submitted that in view of the huge quantity involved in the case, it cannot be appropriate to enlarge the petitioner on anticipatory bail.
Learned counsel for the petitioner submitted that nothing was recovered from the petitioner and that the petitioner was not even arrested at the time of recovery of the contraband. He further submitted that case was foisted against the petitioner on the basis of the confessional statement of A2.
In view of the fact that the petitioner was not arrested at the time of seizre and has been impleaded on the basis of the confessional statement of A2, I consider it appropriate to enlarge the petitioner on anticipatory bail. However, in view of the huge quantity of contraband involved in this case, I consider it appropriate to enlarge the petitioner on anticipatory bail on certain conditions only.
Consequently, this Criminal Petition is allowed. The petitioner-A1 shall surrender before the jurisdictional Magistrate within two (2) weeks from today. On such surrender, the learned Magistrate shall enlarge the petitioner-A1 on bail on a bond of Rs.10,000/- (Rupees ten thousand only) with two sureties in a likesum each to his satisfaction. After his release, the petitioner- A2 shall appear before the Station House Officer, Gopalapatnam Police Station, Visakhapatnam District, on every Monday, Wednesday and Friday between 9 am to 6 pm, for a period of three (3) months.”
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The II Addl. Chief Metropolitan Magistrate, Visakhapatnam
2. The Station House Officer, Gopalapatnam P.S., Visakhapatnam
3. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)
4. One CC to Sri G. Venkata Reddy, Advocate (OPUC)
5. one Spare Copy HIGH COURT AB DRAFTED ON 29-5-2014 CKRJ DATE: 29-5-2014 ORDER CRL.P. NO. 5653 OF 2014 DIRECTION