Andhra Pradesh High Court – Amravati
Killo Gennu vs The State Of Andhra Pradesh on 29 July, 2025
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HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
Main Case No: Crl.A.No.160 of 2025
PROCEEDING SHEET
Sl. OFFICE
No. Date ORDER NOTE
03. 29.07.2025 BVLNC,J
IA No.2 of 2025
Heard Sri D.Purna Chandra Reddy,
learned counsel for the petitioner/A1 and
learned Additional Public Prosecutor
representing the State.
Petitioner is Accused No.1 in NSC
No.231 of 2018 on the file of the learned
Special Judge to Try Offences under NDPS
Act -cum-I Additional District & Sessions
Judge-cum-Metropolitan Sessions Judge,
Visakhapatnam.
Sri D.Purna Chandra Reddy, learned
counsel for the petitioner/A1 would submit
that the petitioner was found guilty for the
offences under Section 20(b)(ii)(c) read with
Section 8(c) of the NDPS Act and sentenced
to undergo rigorous imprisonment for a period
of ten (10) years and to pay a fine of
Rs.1,00,000/- (Rupees one lakh only), in
default, to undergo simple imprisonment for a
period of six (06) months.
Learned counsel would submit the
petitioner was on bail during the trial, though
the contraband seized is of 50 Kgs. The
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investigation agency failed to comply with the
mandatory provisions of Sections 42 & 50 of
the Narcotic Drugs and Psychotropic
Substances Act, 1985 of the Hon’ble Apex
Court in Union of India Vs. Mohanlal & Anr1
and Karnail Singh Vs. State of Haryana2
wherein it is held that violation of mandatory
provisions vitiates the proceedings.
Learned counsel would further submit
that Sessions Court did not consider the said
legal aspect properly and erred on facts as
well as in law. Therefore, the petitioner has a
fair chance to succeed in the Appeal. In the
light of the said circumstances, the order of
sentence may be suspended and the
petitioner, who is in confinement at Central
Prison, Visakhapatnam, may be released on
bail.
Learned Additional Public Prosecutor
opposed the present application by stating
that there are no grounds to interfere with the
judgment of the trial Court and therefore, the
present application is unsustainable in law.
Considering the above facts and
circumstances and upon perusal of the of
record, this Court is of the considered opinion
that the order of sentence and imprisonment
dated 04.12.2024 in NSC No.231 of 2018 on
1
2016 (3) SCC 379
2
2009 (8) SCC 539
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the file of the learned Special Judge to Try
Offences under NDPS Act -cum-I Additional
District & Sessions Judge-cum-Metropolitan
Sessions Judge, Visakhapatnam is hereby
suspended in respect of the petitioner
herein/A1 alone, subject to the following
conditions:
i) The petitioner/A1 shall be
enlarged on bail, on executing a
personal bond for Rs.20,000/-
(Rupees Twenty Thousand only),
with two (02) sureties for a like
sum, to the satisfaction of the
learned Special Judge to Try
Offences under NDPS Act -cum-
I Additional District & Sessions
Judge-cum-Metropolitan
Sessions Judge, Visakhapatnam.
ii) The petitioner/A1 shall pay 10%
of the fine amount as ordered by
the learned Special Judge to Try
Offences under NDPS Act -cum-
I Additional District & Sessions
Judge-cum-Metropolitan
Sessions Judge, Visakhapatnam.
iii) On release, the petitioner/A1
shall appear before the learned
Special Judge to Try Offences
under NDPS Act -cum-I
Additional District & Sessions
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Judge-cum-Metropolitan
Sessions Judge, Visakhapatnam,
on every fourth Saturday of the
month, till disposal of the Appeal.
iv) The petitioner/A1 shall not leave
the country without permission of
this Court.
v) The petitioner/A1 shall not
involve in any of the similar
offences in any manner.
vi) If the petitioner/A1 violates any of
the above conditions, the
prosecution is at liberty to file an
application seeking cancellation
of the bail.
Accordingly, this application is ordered.
Crl.A.No.160 of 2025
Registry is directed to prepare paper
book by the next date of hearing.
List after six (06) weeks.
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BVLNC,J
PSA