The Single Judge Bench of the Andhra Pradesh High Court comprising Justice Cheekati Manavendranath Roy in the case of Nandurkar Satish Dowlathrao v. State has granted bail to a person illegally carrying 16 kg of Ganja and observed that 16 kgs of Ganja is not a commercial quantity. Therefore, the bar under Section 37 of the NDPS Act is not applicable.
Submission of the Respondent
The learned Additional Public Prosecutor appearing for the State has submitted that the petitioner is entitled to bail. However it is apprehended that as the petitioner is resident of Maharashtra that if he absconds that it would be difficult for the police to nab him to secure his presence for trial, the petitioner is entitled to bail on certain conditions.
Reasoning and Decision of the Court
The Court allowed the Criminal Petition and considered the facts of the case presented before it. The Court granted the bail and imposed certain conditions which are as follows:
- Execution of self bond for Rs.2,00,000/-(Rupees two lakhs only) with two sureties
- The sureties shall be the local sureties who shall be permanent residents of Vizianagaram District.
- The petitioner shall report before the Station House Officer of S.Kota Police Station, daily between 10.00 A.M and 05.00 P.M., till the charge sheet is filed in this case.
- The Petitioner shall report before the Station House Officer of S.Kota Police Station once in a month on 2nd day of every succeeding month till the trial of the case is concluded and the case is disposed of in the trial Court.
Therefore, the Court allowed the petition and instructed the Petitioner to scrupulously comply with the above condition and any infraction of the same will be viewed very seriously and it also entails cancellation of bail.
Case Details
Case: - CRIMINAL PETITION No.2445 OF 2022
Petitioner – Nandurkar Satish Dowlathrao
Respondent - State
Judge: Justice Cheekati Manavendranath Roy
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