Andhra Pradesh High Court – Amravati
Killo Jogiraju vs The State Of Andhra Pradesh on 17 January, 2025
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
CRIMINAL PETITION NO: 184 of 2025
ORDER:
This Criminal Petition under Sections 480 and 483 of BNSS, has been
filed by the petitioner/A2, seeking regular bail in Cr.No.75 of 2024 of
Chintapalli Police Station, Alluri Sitharama Raju District.
2. The above said crime was registered against the petitioner/A2 herein
and another for the offences punishable under Section 8(c) read with Section
20(b)(ii)(C), 25 of the NDPS Act.
3. Case of the prosecution, in brief, is that, on 23.07.2024 at about 10.15
a.m., on receipt of credible information about illegal transportation and
possession of Ganja, the Sub Inspector of Police along with his staff and
mediators rushed to Teak Plantation, Chinthapalli Village and found the
accused in possession of 35.470 Kgs of Ganja. The contraband along with
other material was seized under the cover of mediators report.
4. Heard. Perused the record.
5. Learned counsel for the petitioner/A2 contended that the petitioner was
arrested on 23.07.2024 and since then he has been in judicial custody and
that statutory period of 180 days is completed. However, police have not filed
charge sheet and requested to enlarge the petitioner/A2 on bail.
6. On the other hand, learned Assistant Public Prosecutor also admitted
non-filing of charge sheet by the police even after statutory period of 180 days
is completed, but opposed to grant bail.
7. A perusal of the material on record shows that the petitioner was
arrested on 23.07.2024 and since then he has been languishing in jail. The
statutory period of 180 days is completed. But, the Police neither filed any
charge sheet within the stipulated time nor any application for extension of
time for investigation. Since the petitioner herein is languishing in jail for the
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past more than 180 days and so far no charge sheet has been filed by the
Police, in such circumstances, irrespective of merits of the matter by default
petitioner is entitled for bail.
8. In the result, the criminal petition is allowed with the following
conditions:
i) The petitioner/A2 herein shall be released on bail on his executing a
personal bond for Rs.10,000/- (Rupees ten thousand only) with two (02)
sureties for a like sum each to the satisfaction of the learned I Additional
District & Sessions Judge – Special Judge for Trial of Offences under NDPS
Act, Visakhapatnam;
ii) After release, the petitioner shall attend before the Station House
Officer concerned, once in a fortnight, for a period of three (3) months; and
iii) that the petitioner is directed not to hamper the investigation and
tamper with the prosecution witnesses.
____________________________________
JUSTICE MAHESWARA RAO KUNCHEAM
Date:17.01.2025
KSJ/KA
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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
CRIMINAL PETITION NO: 184/2025
Date:17.01.2025
KSJ/KA
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