Shaik Nadeem , Shaik Habeeb v. The State Of A.P
ar>>>'>')asa*t [ 2607 ] HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY,THE TWENTY EIGHTH DAY OF IMARCH, TWO THOUSAND AND EIGHTEEN :PRESENT:
THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO: 3491 OF 2018 Between:
Shaik Nadeem @ Shaik Habeeb, S/o Gulam Nabi, Petitioner/Accused No.1 AND The State of A.P, through Station House Officer, Government Railway P.S., Vijayawada, Krishna District, Rep., by Public Prosecutor, High Court at Hyderabad Respondent/Complai nant Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge the Petitioner/Accused No.1 on bail in S.C No. '1 10/2017 pending enquiry and trial before the lVetropolitan Sessions Judge at Vijayawada in Connection with Crime No. 15712017 on the file of Government Railway P.S., Vijayawada, Krishna District The petltion coming on for hearing, upon perusing the Petition and memo of grounds filed herein, and upon hearing the arguments of Sri G Venkata Reddy, Advocate for the Petitioner, and of Public Prosecutor (AP) for Respondent, the Court made the following
ORDER
9\.
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY Crl.P.No.3491 ol 2018
ORDER
This petition under Sections 437 and 439 of Cr.P.C., is filed to enlarge the petitioner/A1 on bail in Cr.No.157 of 2017 of Government Railway Police Station, Vijayawada, Krishna District, registered for the offences punishable under Section I (c) read with Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). The petitioner is in judicial custody since 26.04.2017.
2.
The case of the prosecution, in brief, is that on 26.04.2017, on receipt of reliable information about the illegal transportation of ganja, the police rushed to platform No.9, North side Vijayawada Railway Station and found two male and one female persons with their respective luggage bags, and on seeing them, those persons tried to escape, but the police apprehended them, and on verification of their bags, police found 8 Kgs of ganja in each bag. Thus, the quantum of ganja found in possession of the petitioner/Al is not commercial quantity. Therefore, Section 37 of the Act has no application.
3.
Learned Public Prosecutor fairly conceded that entire investigation is completed and charge sheet is filed and the same was registered as S.C.No.110 of 2017 and is pending on the file oi Metropolitan Sessions Judge, Vijayawada.
4.
ln view of the completion of investigation and the quantity of ganja involved in the crime is not commercial quantity, the Court is not required to record the satisfaction under Clause (1)(b) of Section \,,(
MSM, J Crl.P.No.349l of 2018 37 of the Act. Taking into consideration the completion of investigation, filing of charge sheet, the quantity of contraband seized from the possession of the accused and the long period of incarceration, lfind that it is a fit case to enlarge the petitioner/Al on bail.
5. ln the result, the Criminal Petition is allowed and the petitioner/A1 is enlarged on bail on his executing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two local sureties for a like sum each to the satisfaction of the ll Metropolitan Magistrate Court for Railways, Vijayawada, Krishna District. ^^ t\ sd/- N.PURUSHOT REDDY AFSISTAN TRAR //TRUE COPY// For ASSISTAN REGISTRAR To,
1. The ll Metropolitan fVlagistrate Court for Railways, Vijayawada, Krishna District
2. The lVetropolitan Sessionp Judge at Vijayawada, Krishna District
3. The Superintendent, Cenlral Jail, Rajamahaendravaram, E.G. District
4. The Station House Office/, Government Railway Police Station, Vijayawada, Krishna District,
5. Two CCs to Public Prosecutor (AP), High Court, Hyderabad (OUT)
6. One CC to Sri. G. Venkata Reddy, Advocate [OPUC]
7. One spare copy Skm
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MSM,J Dr\TIID:28/03/2018 ORDI]IT t ".\= a CRLP.No.349l of 2018 'r{lf DIRECl'ION