UNION OF INDIA Vs. C.RAMANA REDDY

JUDGEMENT

(1.) This petition is filed under Sec. 439(2) of Cr.P.C. seeking to set aside the order dtd. 29/4/2021 passed by the learned XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS cases, Bengaluru in Crl.Misc.No.3441/2021 and consequently, cancel the bail granted to the respondent vide order dtd. 29/4/2021 in Crl.Misc.No.3441/2021.

(2.) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

(3.) The factual matrix of the case of the prosecution is that the trial Court vide order dtd. 29/4/2021, exercising the discretion granted bail in favour of the respondent with conditions. Hence, the Special counsel for ACB sought cancellation of bail invoking Sec. 439(2) of Cr.P.C. on the ground that the respondent herein was having conscious possession of 14.590 grams of ganja and bail was granted exercising power under Sec. 439 of Cr.P.C. The reason for granting bail is that the respondent herein is the permanent resident of Andrapradesh as shown in the cause title and he is in judicial custody since long time. The apprehension that he may abscond or tamper the witnesses would be protected by imposing suitable conditions and seizure also effected by drawing the mahazer. Taking note of the facts and circumstances of the case, exercising the discretion.