IRLA SIVA NAGA RAJU IRLA SIVANARAJU SWAMY vs THE STATE OF ANDHRA PRADESH

THE HON’BLE SRI JUSTICE K.

SURESH REDDY CRIMINAL PETITION Nos.

5780, 5784, 5828 and 5830 OF 2023 COMMON ORDER: Since all these four (04) Criminal Petitions, under Sections 437 and 439 of Cr.P.C., arise out of the same Crime i.e., Crime No.230 of 2023 of G.

Konduru Police Station, Krishna District, they are being disposed of by way of this Common Order.

2.

Criminal Petition No.5780 of 2023 is filed by Accused No.2; Criminal Petition No.5784 of 2023 is filed by Accused No.4; Criminal Petition No.

5828 of 2023 is filed by Accused No.6; whereas Criminal Petition No.

5830 of 2023 is filed by Accused No.5.

3.

The above Crime was registered against the petitioners herein and others for the offence punishable under Section 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

4.

Brief facts of the case of the prosecution is that on 08.07.2023, on receipt of credible information, the Sub-Inspector of Police, G.

Konduru Police Station along with staff and mediators apprehended Accused Nos.1 to 7 near 2 Polavaram Canal bund, Kavuluru Village, G.

Konduru Mandal, who were found in possession of 1.400Kgs of Ganja.

After conducting panchanama and after seizing the contraband, the Police arrested all the seven (07) Accused, who were remanded to judicial custody thereafter.

During the course of investigation, the arrested Accused confessed stating that they have purchased said Ganja from Accused No.8 for their personal consumption.

On the basis of the said confession, Accused No.8 was produced under P.T.

Warrant on 27.07.2023.

5.

The learned counsel for the petitioners contended that only 1.400Kgs of Ganja was seized from the possession of all the seven (07) Accused and further they are in judicial custody since 08.07.2023.

As such, the learned counsel for the petitioners requested this Court to enlarge the petitioners on bail.

6. n bail.

6.

On the other hand, the learned Special Assistant Public Prosecutor, on written instructions, states that the petitioners were not involved in any other similar crimes previously.

7.

In that view of the matter, as the contraband was seized from the possession of all the seven (07) Accused is only 3 1.400Kgs of Ganja, this Court is inclined to enlarge them on bail, on the following conditions. (i) The petitioners/Accused Nos.

2, 4, 5 and 6 in four (04) these Criminal Petitions shall be released on bail on their executing personal bonds for Rs.25,000/-(Rupees twenty five thousand only) each with two (02) sureties for a like sum each to the satisfaction of the learned Judicial First Class Magistrate, Mylavaram. (ii) On release, the petitioners shall appear before the Station House Officer concerned, twice in a week i.e., on every Monday and Thursday between 10.00 a.m. and 01.00 p.m., until further orders. (iii) Further, the petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses.

8.

Accordingly, these four (04) Criminal Petitions are allowed. ___________________________ SRI K.SURESH REDDY, J Date: 22.08.2023 RSI/TSNR 4 THE HON’BLE SRI JUSTICE K.

5780, 5784, 5828 and 5830 of 2023 Date: 22.08.2023.

RSI/TSNR