Alabani Nagarjunaakhil vs The State Of Andhra Pradesh
2021 Latest Caselaw 966 AP

[ 3240 ]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

THURSDAY, THE EIGHTEENTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE

:PRESENT:

Se
*

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI \

BD

CRIMINAL PETITION NO: 826 OF 2021

Between:
Alabani Nagarjuna @ Akhil, Son of Pydiraju, Aged 24 yrs, R/at Subbarajulayout
Madhuruvada Visakhapatnam
..-Petitioner/Accused-3
AND

The State of Andhra Pradesh, Through the SHO of P.M.Palem Visakhapatnam rep., by
its public Prosecutor High Court at Amaravathi
...Respondent/Complainant
Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances
Stated in the memorandum of grounds of Criminal Petition, the High Court may be
pleased to pass an order to enlarge the petitioner/A-3 on REGULAR BAIL in connection
with the Crime in FIR No.45/2021 dated 26-01-2021 of PM PALEM PS Visakhapatnam.

The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds of criminal petition and upon hearing the arguments of Sri
R.Siva Sai Swarup, Advocate for the Petitioner and Public Prosecutor for the

Respondent, the Court made the following.

ORDER:

HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI

Criminal Petition No.826 of 2021 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioner/A.3 in connection with Crime No.45 of 2021 of P.M. Palem Police Station, Visakhapatnam District for the offences punishable under Section 27 (a) and 27 (b) of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (for brevity "NDPS Act").

2. The case of prosecution is that on 26.01.2021, on receipt of credible information about illegal consumption and possession of ganja, the Sub-Inspector of Police, P.M. Palem Police Station, Visakhapatnam District, on securing staff and mediators, went to Zinc sheet shed in burial ground of Bhagavan Das colony, Madhurawada, Visakhapatnam city at about 1.30P.M., and found the petitioner and other two persons sitting in a circle and consuming ganja and arrested them as consuming ganja is an offence and seized the remaining quantity of 2gms of ganja under the cover of mediator's report

and remanded the petitioner to judicial custody.

3. Heard Sri R. Siva Sai Swarup, learned counsel for the petitioner and the learned Public Prosecutor for the respondent-

State.

4. Learned counsel for the petitioner/A.3 submits that the petitioner has not committed any offence much less the offence

with which he is charged and that the contraband that is seized

2 LK, J iCRLP.No.826 of 2021 Doped :

from the possession of the petitioner is only 2gms, which is not

a commercial quantity, and as such, he is entitled for bail.

5. On' the other hand, learned Public Prosecutor submits that the petitioner is in the habit of consuming ganja and was involved in Crime No.490 of 2017 registered for the offences punishable under Section 392, 411 IPC of P.M. Palem Police Station. He further submits that the investigation is still

pending, as such, he is not entitled for bail.

6. In reply, learned counsel for the petitioner submits that earlier the petitioner was arrayed as accused in Crime No.490 of 2017 which was numbered as C.C.No.55 of 2018 and later the case ended up in acquittal after a full-fledged trial vide judgment dated 26.09.2018 passed by the XVI Metropolitan Magistrate, Bheemunipatnam, as such, it cannot be said that

the petitioner is a habitual offender.

7. Taking into consideration the fact that the contraband that is seized from the possession of the petitioner is only 2grms, which is not a commercial quantity and as nothing is placed on record to show that the petitioner is habitual offender and since the petitioner is languishing in jail since 26.01.2021, this Court deems it appropriate to grant bail to the petitioner.

8. Accordingly, this Criminal Petition is allowed. The petitioner/A.3 shall be enlarged on bail on his executing personal bond for Rs.50,000/- (Rupees fifty thousand only) with

two sureties for a like sum each to the satisfaction of the XVI

To,

_

akwh

MM

LK, J CRLP.No.826 of 2021

Visakhapatnam District.

L Sd/-P.VenkataRamana

TRUE COPY!/ DEPUTY REGISTRAR For). SECTI OFFICER

The XVI Additional Metropolitan Magistrate, Bheemunipatnam, Visakhapatnam

Dsitrict.

The Station House Officer, P M.Palem Police Station, Visakhapatnam.

One CC to Sri. R.Siva Sai Swarup, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT]

One spare copy

HIGH COURT

LKJ

DATED:18/02/2021

ORDER

CRLP.No.826 of 2021

ALLOWED