Dr V R K Krupa Sagar, J
1. This Criminal Petition, under Sections 437 and 439 of Cr.P.C. (New Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioner/A.4 seeking regular bail in Crime No.94 of 2024 of IV Town Police Station, Visakhapatnam, registered for the offences punishable under Sections 307 and 120B read with 34 I.P.C.; and Section 27 of Arms Act; and Sections 20(b)(ii)(C) and 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
2. Heard Sri A.Srinivasa Rao, the learned counsel for petitioner and the learned Assistant Public Prosecutor for respondent-State.
3. Perused the record.
4. On submissions of both sides and on perusal of the case diary, it is seen that the petitioner was arrested and was remanded to judicial custody on 16.04.2024 and since then he has been in judicial custody. His earlier bail petition in Crl.M.P.No.1014 of 2024 was dismissed on 19.06.2024 by the learned Special Judge for trial of offences under NDPS Act-cum-I Additional District and Sessions Judge, Visakhapatnam. The allegations are that it was during the midnight of 15/16.04.2024 the police noticed about ten persons quarreling with one another and they were also found in possession of weapons such as knives. The police party reached the spot. A few of them escaped and seven of them were caught. There was one auto-rickshaw, which according to the prosecution belonged to A.1 and on search of it, 22 kgs. of Ganja was found and it was recovered.
5. The submissions of the petitioner are that he is innocent, and he will abide by the law and he may be granted bail.
6. As against it, the learned Assistant Public Prosecutor submits that there are criminal antecedents for this accused and earlier also he was involved in one of the NDPS cases.
7. The particulars of the said case are not placed on record.
8. The remand report of this accused would show that the arresting officer not only arrested the accused and seized the Ganja he even picked up samples of Ganja for the purpose of experts’ analysis. Thus, there is a clear violation of the mandate of Section 52A of the NDPS Act. The fact that no Ganja was seized from this petitioner and the fact that valuable procedural safeguards provided by the statute were overlooked by the arresting officer and having considered the length of detention and the progress in investigation, this Court finds that any continued detention does not seem necessary. Hence, prayer is granted.
9. In the result, this Criminal Petition is allowed. Petitioner/A.4 shall be enlarged on bail on executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the learned I Additional District and Sessions Judge-cum-Special Judge for trial of offences under NDPS Act, Visakhapatnam. Petitioner/A.4 shall mark his attendance before the Investigating Officer on 1st and 15th of every month between 10.00 AM and 1.00 PM till filing of the charge sheet. Petitioner/A.4 shall make himself available for investigation by a police officer as and when required, and he shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case to dissuade them from disclosing such facts to the Court or to any police officer. He shall not indulge in similar acts of crime.
