The Andhra Pradesh High Court recently comprising of a bench of Justice D.Ramesh while dealing with a case of an accused booked under section 37 NDPS Act for the possession of ganja that was less than commercial quantity remarked, “Taking into consideration the fact that bar under Section 37 of the NDPS Act is not attracted to the present case as the quantity of ganja that is said to have been seized is only 4.3 KGs which is not a commercial quantity, this Court deems it appropriate to grant bail to the petitioner on certain conditions.” (Bikka Parvathi Versus State)
Facts of the case
The present petition was filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short „Cr.P.C.‟) seeking regular bail to the petitioner in connection with a case registered for the offence punishable under Section 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
The above case was registered against the petitioner on the allegation they are found to be in illegal selling and possession of 4.3 Kgs of ganja and the same was seized from their possession.
Contention of the parties
Learned counsel for the petitioner submitted that the petitioner is falsely implicated in the crime. He submitted that no contraband was seized from the petitioner‟s possession and Police did not follow the seizure procedure. He submitted that even if the petitioner is released on bail, there cannot be any apprehension that the petitioner would tamper or hamper with the evidence. He submitted that the quantity of ganja seized is not commercial quantity and the petitioner is languishing in jail since 13.12.2021, as such petitioner‟s case may be considered for grant of bail.
The learned Assistant Public Prosecutor submitted that the quantity of ganja which is seized is 4.3 Kgs of ganja and the same is not commercial quantity, as such there is no bar under Section 37 of the NDPS Act. But he opposed the bail application on the ground that investigation is pending.
Courts observation & Judgment
The bench after taking note of the facts of the case and perusal of the provisions of the NDPS Act remarked, “Taking into consideration the fact that bar under Section 37 of the NDPS Act is not attracted to the present case as the quantity of ganja that is said to have been seized is only 4.3 KGs which is not a commercial quantity, this Court deems it appropriate to grant bail to the petitioner on certain conditions.”
The bench allowing the petition granted regular bail to the accused.
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