THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION No.5651 of 2021
ORDER:
This petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/A-5 in connection with Crime No.176 of 2021 of Special Enforcement Bureau, Pendurthi, Visakhapatnam District, wherein the petitioner is alleged to have committed the offence punishable under Section 8 (c) r/w 20 (b)(ii)(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act").
2. The case of the prosecution is that on 31.08.2021 Enforcement Inspector, Special Enforcement Bureau, Pendurthi along with his staff while conducting vehicle checking at Pendurthi junction, found the petitioner along with other accused and he apprehended them, seized 1 KG of liquid ganja (Hashish oil) in Car bearing No.TS11 EQ 6788 under the cover of mediators report. Basing on the same, the present crime was registered.
3. Heard Sri K.Joji Amrutha Raju, learned counsel for petitioner and learned Assistant Public Prosecutor for respondent-State.
4. Learned counsel for the petitioner submits that it is alleged that 1 KG of Hashish Oil was seized in this case and petitioner was arrested on 31.08.2021 and remanded to judicial custody on the same day. He submits that as per the Schedule under the NDPS Act, Hashish Oil upto 1 KG is not a commercial quantity and since the contraband seized in this case is not a commercial quantity, there is no bar under Section 37 of NDPS Act to grant bail to the petitioner. He submits that while conducting search and seizure, police failed to follow the procedure contemplated under NDPS Act. Relying on the judgments in Dilip Vs. 2 State (Crl.P.No.2330 of 2008) and Mujeeb Mehboob Vs. State of Karnataka (Crl.P.No.3685 of 2012), he submits contraband that is seized is not a commercial quantity, as such his case may be considered for grant of bail.
5. Per contra, learned Assistant Public Prosecutor submits that investigation is pending, so far five witnesses were examined and at this stage, petitioner is not entitled for bail.
6. Taking into consideration the contraband of 1 KG of Hashish Oil, which was seized in this case is not a commercial quantity, there is no bar under Section 37 of NDPS Act. Further, the petitioner is languishing in jail from the last 51 days and there is nothing forth coming to say that petitioner is a habitual offender. Hence, this Court deems it appropriate to grant bail to petitioner.
7. In the result, the criminal petition is allowed and the petitioner/A-5 shall be enlarged on bail in connection with Crime No.176 of 2021 of Special Enforcement Bureau, Pendurthi, Visakhapatnam District, on his executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties each for a likesum to the satisfaction of Special Judicial First Class Magistrate for Excise, Visakhapatnam. On such release, petitioner shall appear before the Station House Officer, Special Enforcement Bureau, Pendurthi, Visakhapatnam District on every Thursday between 10.00 a.m. and 1.00 p.m. till completion of trial.
As a sequel, all the pending miscellaneous applications shall stand closed.
___________________________ LALITHA KANNEGANTI, J 20th October, 2021 PVD 3 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI (allowed) CRIMINAL PETITION No.5651 of 2021 21st October, 2021 PVD