Sadhan Jodwar v. The State Of P.S. Prohibition And Excise

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NOS.11723 & 11799 OF 2023 COMMON ORDER:

1.

These Criminal Petitions are filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners/Accused Nos.1 and respectively in C.O.R.No.15 of 2023 on the file of Prohibition & Excise Police Station, Nelakondapally, Khammam District, registered for the offence under Section 8 (c) r/w.20 (b) (ii) (c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NPDS Act') 2.

Since the petitioners in both the petitions are accused Nos.3, 2 and 4 respectively in the very same crime, both the petitions are heard together and disposed off by this common order.

3.

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

4.

The personnel of Prohibition & Excise Station, Nelakondapally intercepted these petitioners, who are A-2 to A-4 and also A-1 on 21.02.2023 in two separate vehicles. On investigation, it was found that A-1 to A-3 were travelling in the 1st vehicle transporting kg.41.430 gms of ganja and A-4 in another vehicle transporting kg.111.700 gms of ganja.

5.

It is stated that investigation is complete and charge sheet is already filed. The case of the prosecution after investigation is that all the four accused were involved in transportation of ganja. The trial Court had granted the relief of regular bail to A-1.

6.

Keeping in view that bail was granted to A-1 and investigation is already complete, this Court deems it appropriate to grant the relief of regular to these petitioners, subject to following conditions:- i) The petitioners/Accused Nos.3, 2 and 4 shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties, i.e., one local surety and other from the native place, for a like sum each to the satisfaction of Special

Sessions Judge for the Trial of Cases under NDPS Act-Cum-I Additional Sessions Judge at Khammam.

ii) The petitioner/Accused Nos.3, 2 and 4 after release shall appear before the concerned Station House Officer everyday at 10:00 a.m. for a period of eight weeks and thereafter, as and when required for the purpose of investigation.

iii) The petitioners/Accused Nos.3, 2 and 4 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

7.

Accordingly, these Criminal Petitions are allowed. Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 04.12.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NOs. 11723 & 11799 OF 2023 Dt.04.12.2023 dv