Abdul Ishad, v. The State Of A.P

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.203 OF 2017 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners - accused Nos.1 to 3 requesting to relax conditions imposed by the learned Metropolitan Sessions Judge - cum - Special Judge to try the Offences under NDPS Act, Visakhapatnam, by the order dated 30.12.2016 in Criminal M.P. No.4646 of 2016 in Crime No.207 of 2016 of Narsipatnam Town Police Station.

The first condition is to the effect that the petitioners shall execute a personal bond of Rs.1,00,000/- each with two sureties each who shall each furnished a fixed deposit of Rs.1,00,000/- to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam, and the bail is subject to verification of genuineness of the sureties.

Sri G. Venkat Reddy, learned counsel for the petitioners, would represent that the petitioners alleged to have been found in possession of 11 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.

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.50,000/- (Rupees fifty thousand only) each instead of Rs.1,00,000/-. 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 16, 2017.

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