Andhra Pradesh High Court - Amravati
Bachatwad Balaraju Raju, ... vs The State Of Ap., Rep Pp., on 9 August, 2021
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO.: Crl.A.685 of 2016
PROCEEDING SHEET
Sl.No. Date ORDER OFFICE
NOTE
6. 09.08.2021 LK,J
I.A.No.1 of 2021
This petition is filed seeking suspension of
sentence imposed in judgment dated 09.05.2016
passed in NDPS S.C.No.26 of 2014 on the file of
learned Special Sessions Judge for Trial of the
Cases under Narcotic Drugs and Physchotropic
substance Act, 1958 -cum- I Additional Sessions
Judge, East Godavari District, Rajahmundry and
to enlarge the petitioner on bail, pending disposal
of the criminal appeal.
Heard Sri G.Venkata Reddy, learned counsel
for the petitioner and learned Assistant Public
Prosecutor for the respondent-state.
Learned counsel for the petitioner submits
that the petitioner/accused was sentenced to
undergo rigorous imprisonment for a period of ten
years and to pay a fine of Rs.1,00,000/- in default
to suffer simple imprisonment for a period of two
years for the charge under Section 8(c) read with
20(b)(ii)(C) of the NDPS Act.
Learned counsel for the petitioner submits
that the petitioner has been languishing in jail
since last five and half years and he has drawn the
attention of this Court to charge No.1, framed by
the trial Court which reads thus:
"Whether the prosecution has proved that
the accused was found on 19.12.2013 at about
4:00 P.M. at platform No.2, RTC Complex, Tuni
found in possession and transportation of 20
kgs of ganja without any permit or license or
authorization as such he contravened the
provisions of Section 8(c) punishable under
Section 20(b)(ii)(C) of the NDPS Act in the
manner as alleged by the prosecution?"
Learned counsel submits that even as per
the charge sheet the contraband seized is only 20
Kgs, which is not commercial quantity, whereas
the charge was framed under Section 20(b)(ii)(C) of
the NDPS Act which applies for cases where
commercial quantity of ganja is involved. He
further submits that in cases where non-
commercial quantity of contraband is involved the
maximum punishment is ten years and in cases of
involvement of commercial quantity of contraband
the minimum punishment is ten years.
Learned counsel further submits that the
Court below has awarded a fine of Rs.1,00,000/-
(rupees one lakh only) and in case of involvement
of non-commercial quantity of contraband the
maximum fine is Rs.1,00,000/- whereas for
commercial quantity of contraband the minimum
fine is Rs.1,00,000/- and maximum is
Rs.2,00,000/-. He seeks a week time for depositing
the fine amount.
Learned Assistant Public Prosecutor though
opposed for granting bail, he has not disputed the
above submissions of learned counsel for the
petitioner.
Taking into consideration the above glaring
aspect and as the petitioner is languishing in jail
since last five and half years, the sentence of
imprisonment imposed against the petitioner/
accused in judgment, dated 09.05.2016 passed in
NDPS S.C.No.26 of 2014 by learned Special
Sessions Judge for Trial of the Cases under
Narcotic Drugs and Physchotropic substance Act,
1958 -cum- I Additional Sessions Judge, East
Godavari District, Rajahmundry, alone is
suspended pending the criminal appeal. The
petitioner/accused shall be enlarged on bail on
execution of self bond for Rs.50,000/- (rupees fifty
thousand only) with two sureties for a likesum
each to the satisfaction of Special Sessions Judge
for Trial of the Cases under Narcotic Drugs and
Physchotropic substance Act, 1958 -cum- I
Additional Sessions Judge, East Godavari District,
Rajahmundry.
The petitioner shall deposit the fine amount
of Rs.1,00,000/- (Rupees one lakh only) before the
Court below within one week from the date of
receipt of a copy of this order.
_______
LK, J
ikn
