K Sreenivasa Reddy, J
1. This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/A-12, seeking regular bail, in Crime No.73 of 2023 of Kancharapalem Police Station, Visakhapatnam Commissionerate.
2. A case has been registered against the petitioner herein and others for the offences punishable under 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’).
3. Case of the prosecution, in brief, is that on 14.03.2023, at about 09.00 hours, on credible information, the Sub-Inspector of Police, Kancharapalem Police Station, Visakhapatnam City along with his staff and mediators visited ITI junction, situated in between Skoda Showroom and Hamsa Honda Showroom, Kancharapalem and found accused Nos.1 to 5 in possession and illegal transportation of 160 Kgs of Ganja in Mahindra XUV vehicle bearing registration No.WB 20 AG 0195. On interrogation A1 to A5 confessed that they purchased the said Ganja from A6 to A13. The contraband along with vehicle was seized under cover of a mediators report.
4. Learned counsel for the petitioner/A-12 submits that the petitioner is falsely implicated in the present case and entire investigation is completed. Petitioner was arrested on 27.02.2024 and since then he is languishing in jail.
5. On the contrary, learned Assistant Public Prosecutor concurred with the fact that the petitioner was arrested on 27.02.2024 and since then he is in jail.
6. Heard. Perused the record.
7. The petitioner was arrested on 27.02.2024 and since then he is in jail. Statutory period of 180 days is completed. But, the police neither filed any charge sheet within the stipulated time nor filed any application for extension of time for investigation. In view of the same, petitioner is entitled for bail.
8. Accordingly, the Criminal Petition is allowed. The petitioner/A-12 herein shall be released on bail on his executing a personal bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the learned VII Additional Metropolitan Magistrate, Visakhapatnam. Petitioner shall report before the Station House Officer concerned twice in a week i.e., on every Wednesday and Saturday between 10.00 AM and 1.00 PM till filing of the charge sheet.
