Janni Abishek , Abishek, v. The State Of A.P,

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.966 OF 2017 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner - accused No.4 viz., Janni Abishek alias Abishek requesting to relax condition No.1 imposed by the learned Metropolitan Sessions Judge - cum - Special Judge to try the offences under Narcotic Drugs and Psychotropic Substances Act, 1985, Visakhapatnam, by the order dated 12.01.2017 in Criminal M.P. No.122 of 2017 in Crime No.217 of 2016 of Paderu Police Station, Visakhapatnam.

2. The condition is to the effect that the petitioner shall execute a personal bond for a sum of Rs.50,000/- with two sureties who shall furnish a fixed deposit for Rs.50,000/- each drawn in the name of the Court to the satisfaction of the Additional Judicial Magistrate of First Class, Paderu and the bail is subject to genuineness of the sureties.

3. Sri Naidana Sravan Kumar, learned counsel for the petitioner, would represent that the petitioner alleged to have been found in possession of 10 Kilograms of Ganja, which is not a commercial quantity and, therefore, sought to relax the condition in its entirety, which request is opposed by the learned Additional Public Prosecutor for the State of Andhra Pradesh.

ASNJ Crl. P No.966 of 2017

4. In a similar situation, earlier, this Court relaxed the condition directing the sureties to furnish fixed deposit of Rs.25,000/- as against Rs.50,000/-, as such, to that extent the said condition is modified directing the sureties to furnish fixed deposit of Rs.25,000/- (Rupees twenty five thousand only) each instead of Rs.50,000/-.

5. Accordingly, the Criminal Petition is allowed in part modifying the order impugned to the extent indicated above. All other conditions remain unaltered.

As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

____________________________ A. SHANKAR NARAYANA, J February 6, 2017.

PV