Vislavath Srinivas v. The State Of Telangana

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THUERDAY, THE TWELFTH DAY OF APRIL, TWO THOUSAND AND EIGHTEEN- : PRESENT :

THE HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY_ CRLP .No. 4056 of 2018 Between:- N,4addala Venkata Bala Subramanyam, S/o. lr4. Venkateshwarlu. ..... Petitioner/Accused No.33.

AND The State of A.P., Rep. by Public Prosecutor, High Court of Hyderabad, For the State of Telangana and State of Andhra Pradesh..-- Respond e nUCo m pla in a nt. - Petition filed under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to release the petitioner on bail in Crime No. 04 of 2018, of Narayanavanam Police Station, Chittoor Drstrict. oThe petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Nageshwara Rao Pappu, Advocate for the Petitioner and of Public Prosecuto(AP) on behalf of Respondent-State, the Court made the following z ORDER :-

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.4O56 of 2O18 ORDER:

This Criminal Petition, under Sections 437 and 439 Cr.P.C, is filed by the petitioner/A33 to grant bail in Crime No. 04 of 2018 of Narayanavanam Police Station, Chittoor, registered for the olfences punishable under Section 353,307,341, 120(b) read with 34 IPC. And Section 8(c) read with 20(b) (ii)(c) of of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act', for short) and Sections 59 and 63 of Food Safety and Standards Act, 2006. As per the allegations made in the remand report, the petitioner u,as allegedly purchasing Gutka from the factory and supplying alleged Ganja. But the petitioner was not found at the scene of offence and arrested. Based on the conlessional statement of A2 to A8 on 15.02.2018 and 16.02.2018 recorded from O3.O0 PM to 06.00 PM on10.02.2018, this petitioner was implicated in the above crime.

The only allegations against the petitioner is that he was supplying Ganja, but as per the allegations in the remand report, only 7.2 kgs Ganja was found. Even assuming for a moment, that the petitioner supplied O7.2 kg ganja, it is not a commercial quantity. Therefore, this Court is not required to record its satisfaction under Section 37(1)(b) of the NDPS Act, as the offence is not punishable with imprisonment for life or capital punishment. The petitioner is in jail since 20.O2.2014. Though the crime was registered under various other provisions, no specific overt acts to the petitioner were attributed. Hence, I find it is a fit case to enlarge the petitioner on bail.

In the result, the criminal petition is allowed and tl-re petitioner/A33 shall be enlarged on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties for a like sum each to the satisfaction of Judicial Magistrate of First Class, Puttur.

SD/- M. RAMESH BABU ASSISTANT REG ,TRUE COPY// for ASSISTANT REGISTRAR To 1.The I Additional District and Sessions Judge, Chittoor. .- 2.The Judicial Magistrate of First Class, Puttur, Chittoor District. - 3.The Station House Officer, Narayanavanam Police Station, Chittoor District 4.The Superintendent, District Jail, Chittoor. - 5.Two CCs to the Public Prosecuto(AP), High Court at Hyd.(OUT)- 6.One CC to Sri Nageshwara Rao Pappu, Advocate(OPUC) ,- 7.One spare copy . ,/'

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HIGH COURT ]\ISN I.J DT.l2-{).1-20 I U.

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