Dr V R K Krupa Sagar, J
1. This Criminal Petition, under Sections 480 and 483 of BNSS 2023, is filed by the petitioner/A2, seeking regular bail in Crime No.151 of 2024 of Ravikamatham Police Station, Anakapalli District, registered for the offences punishable under Sections 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
2. Heard Sri R. Siva Sai Swarup, learned counsel for the petitioner and learned Assistant Public Prosecutor for respondent/State.
3. Perused the record.
4. On hearing learned counsel on both sides and on perusal of the record, it is seen that the present petitioner/A2 is driver of EECO Star passenger Van bearing No.AP 39 LG 9295 belonging to one Sri Mallisetty Ravi Kumar @ Ravi. On 01.08.2024 the raiding party inspected the vehicle and found packets containing Ganja total 96 Kgs in quantity. Thus, commercial quantity of Ganja was seized from the vehicle being driven by the petitioner. He was arrested and remanded to judicial custody.
5. Learned Assistant Public Prosecutor submits that the Crime is under investigation and during investigation, it is found the involvement of total four (04) accused and the other accused are yet to be apprehended. It is further submitted that the contraband seized was subjected to scientific examination but the scientific reports are not yet received.
6. While seeking regular bail on behalf of the petitioner, learned counsel for the petitioner, points out that the petitioner is innocent and he was merely carrying whatever was asked to be carried by the registered owner of the vehicle and that even otherwise, this is a case where there is gross violation of Section 52-A of NDPS Act. A perusal of remand report shows that the seizing officer himself drew the samples at the spot, which is violation of Section 52 A of NDPS Act and thus gave rise to the suspicion. That violation obviates the presumption raised against the petitioner.
7. Considering the length of detention and the role assigned to the petitioner and the violation of the procedural safeguards, make out a case for granting prayer. Accordingly, prayer is granted.
8. In the result, this Criminal Petition is allowed. The petitioner/A2 shall be enlarged on bail on executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each, to the satisfaction of the Judicial Magistrate of First Class, Chodavaram. On release, the petitioner/A2 shall mark his attendance before the investigating officer once in a fortnight i.e., on 1st and 15th of every month between 10.00 AM and 1.00 PM till filing of the charge sheet. The petitioner shall make himself available for interrogation by a police officer as and when required, and they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or to any police officer. He shall not indulge in similar type of offences.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
