Andhra Pradesh High Court - Amravati
Gulfam Hakam Ali vs The State Of Andhra Pradesh on 6 December, 2021
THE HON'BLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION No.5752 of 2021
ORDER:
This petition is filed under Sections 437 and 439 of Code of
Criminal Procedure, 1973 (for short "Cr.P.C") seeking anticipatory
bail to the petitioners/Accused-1 to 3 in connection with Crime No.
196 of 2019 on the file of Special Enforcement Bureau, V.
Madugula, Visakhapatnam District, wherein the petitioners are
alleged to have committed the offences punishable under Sections
Sections 20(b)(ii) r/w 8(c) of Narcotic Drugs and Psychotropic
Substances Act, 1985 (for brevity "NDPS Act").
2. The case of prosecution is that on 03.08.2021 on receipt
of credible information, respondent/ Police along with his staff
and mediators, rushed to Garikabanda Check Post limits and
conducted vehicle checking and found 25 Kgs of Ganja and the
same seized and police apprehended the petitioners/ A1 to 3 .
Basing on the said report, present crime was registered.
3. Heard learned counsel for the petitioners and learned
Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioners submits that petitioner is
falsely implicated in the case. He submits that petitioner is
languishing in jail from 03.08.2021 and the quantity involved in
this case is only 25 KGs of Ganja. As per the definition of
Section 2(iii)(b) of NDPS Act Cannabis (Hemp) Ganja i.e flowring
or fruiting tops of the cannabis plant (excluding the seeds and
leaves when not accompanied by the tops) If the same is
excluded the seized contraband is less than the commercial
quantity and in the said circumstances, if the authorities are
weighed, the contraband seized is below commercial quantity,
hence requested to release the petitioners on bail. In support of
his contention he relied upon the Judgment of Gunwantlal Vs.
The State of M.P1 interpreting the contraband. In view of the
definition under Section 2(iii)(b) of NDPS Act. However, he
submitted that considering the judgments of this Court granted
bail in identical matter in Crl.P.No. 4573 of 2021. Hence,
petitioners' case may be considered for grant of bail.
5. Learned Assistant Public Prosecutor submits that the
Judgment of Supreme Court is against final orders. After
completing the trial the issue will arise, but not at this stage. In
the instance case investigation is still going on and it takes
further time to investigate the matter, at this stage the
petitioners should not be released and requested to dismiss the
application.
6. Considering the submissions made by both the counsel
and on perusal of the Judgments, which are not applicable to
the instant case and the issue should be decided only in the
trial. Moreover, investigation is still pending and quantity is a
commercial in nature.
7. In view of the aforesaid discussion, Criminal Petition is
dismissed.
______________________
JUSTICE D.RAMESH
Dated: 06.12.2021
KK
AIR 1972 SC 1756
THE HON'BLE SRI JUSTICE D.RAMESH
(Dismissed)
CRIMINAL PETITION No.5752 of 2021
Dated: 06.12.2021
KK
