The Andhra Pradesh High Court, passed a Judgement on 11th April 2022 were the quantity of contraband involved in this case is 6 KGs of ganja which is not a commercial quantity. Therefore, the bar U/S 37 of the NDPS Act has no application to the present facts of the case, this was seen in the case of Dinesh @ Dinesh v. State of Andhra Pradesh. Criminal Petition No.2296 Of 2022, the case was presided by The Hon’ble Sri Justice Cheekati Manavendranath Roy, J
FACTS OF THE CASE
This criminal petition U/S 439 of the Criminal Procedure Code, 1973 is filed to enlarge the petitioner on bail.
The petitioner is A-1 in a case U/S 8(c) read with Section 20(b) (ii) (B) of the ‘NDPS’ Act was registered against the petitioner along with other accused in the above crime.
It is the case of the prosecution that when A-1 & A-2 were found to be in illegal possession of 6 KGs of ganja & at that time they were arrested by the police & the contraband was seized from their possession. After their arrest, they reveal that A-3 has supplied the said ganja to them.
Consequently, it is stated that the petitioner along with other accused has perpetrated the aforesaid offence.
The quantity of contraband present in this case is 6 KGs of ganja which is not a commercial quantity. Consequently, the bar U/S 37 of the NDPS Act has no application to the present facts of the case.
The record reveals that about 4 material witnesses have been examined in this case. Consequently, there is substantial progress in the investigation. The petitioner has been languishing in jail for the last 2 months period of time.
Consequently, he is entitled to bail. However, in view of the arrest expressed by learned Additional PP that as the petitioner is resident of Tamil Nadu that if he absconds if he is released on bail that it would be difficult for the police to nab him to secure his attendance for trial, he is entitled to bail on certain conditions.
JUDGEMENT
Resultantly, the Criminal Petition is allowed. The petitioner is ordered to be amplified on bail on execution of self-bond for Rs. 2,00.000/- only with two sureties for a like sum each to the satisfaction of the learned Additional JMFC, Narsipatnam, Visakhapatnam District. The 2 sureties shall be solvent sureties & they shall be the local sureties who shall be the permanent residents of Visakhapatnam District. On his release, the petitioner shall report before the SHO, Kotauratla Police Station, Visakhapatnam daily between 10.00 A.M. & 5.00 P.M. till the charge sheet is filed in this case.
Afterwards, he shall appear before the SHO, Kotauratla Police Station once in a month on the 2 day of every succeeding month till the entire trial is come to an end and the case is disposed of in the trial Court. The above-stated condition is imposed in view of the arrest expressed by learned Additional PP as considered supra and to ensure his attendance during the course of trial. The petitioner shall conscientiously, obey with the above conditions and any infringement of the same will be seen seriously and it also entails cancellation of bail.
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JUDGEMENT REVIEWED BY YAKSHU JINDAL.
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