Mandali Srinivasulu v. Union Of India

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.892 OF 2024 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/accused No.2 in NDSC No.83 of 2023, on the file of Metropolitan Sessions Judge, R.R.District and L.B.Nagar, registered for the offence punishable under Section 8 (c) r/w 20 (b) (ii) (c), 25, 27A, 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NPDS Act').

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

This Court by order dated 11.01.2024 granted the relief of regular bail to A-4 on the ground that contraband of 210 kgs. of dry ganja was seized on 12.04.2023 and sampling was done on 05.08.2023 which is with a delay of nearly 4 months. For the reason of procedure adopted being in violation of observations of the Hon'ble Supreme Court in

Union of India v. Mohan Lal and Another1, the bail was granted. The petitioner is also standing on the same footing. 6.

Keeping in view that there is violation of directions of the Hon'ble Supreme Court in Union of India v. Mohan Lal and Another2, this Court deems it appropriate to grant the relief of regular bail, subject to following conditions: i) The petitioner/accused No.2 shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties, for a like sum each to the satisfaction of Metropolitan Sessions Judge, R.R.District at L.B.Nagar.

ii) The petitioner/accused No.2 after release shall appear before the concerned Station House Officer at 10:00 a.m. on every Monday for a period of eight weeks and thereafter, as and when required for the purpose of investigation.

iii) The petitioner/accused No.2 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

1 (2016) 3 SSC 379 2 (2016) 3 SSC 379

7.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 29.01.2024 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.892 OF 2024 Dt.29.01.2024 dv