Kopuri Kantharao Alias Kopuri vs The State Of Andhra Pradesh
2021 Latest Caselaw 149 AP

Citation : 2021 Latest Caselaw 149 AP
Judgement Date : 18 January, 2021

Andhra Pradesh High Court - Amravati

Kopuri Kantharao Alias Kopuri vs The State Of Andhra Pradesh on 18 January, 2021

Bench: Lalitha Kanneganti

 

[ 3240 ]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MONDAY, THE EIGHTEENTH DAY OF JANUARY,
TWO THOUSAND AND TWENTY ONE

'PRESENT:

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

 

CRIMINAL PETITION NO: 175 OF 2021"
Between:

Kopuri Kantharao @ Kopuri, S/o Rama Rao, aged about 50 years,
Medara Bazar, Vyyuru Town and Mandal, Krishna District.
Petitioner/Accused 2
AND

The State of Andhra Pradesh, through The S.H.O., of Pamarru P.S.,
Krishna District, Rep. by its Public Prosecutor, High Court at Amaravathi.

Respondent/Complainant

Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances
stated in the memo of grounds filed herein and the High Court may be pleased to pass
an order to enlarge the petitioner/Accused No.2 in a Regular Bail presently he is in
prison in connection with the Crime in FIR No. 300/2020, dated 25.12.2020 of Pamarru
P.S., Krishna District.

The petition coming on for hearing, upon perusing the Petition and the memo of
grounds filed herein and upon hearing the arguments of Sri R Siva' Sai Swarup,
Advocate for the Petitioner, and of Public Prosecutor for Respondent, the Court made
the following
ORDER

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

CRIMINAL PETITION NO.175 of 2021

' ORDER:-

This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') to grant regular bail to the petitioner/A-2 in connection with Crime No.300 of 2020 of the Pamarru Police Station, Krishna District for the offences punishable under Sections 269, 270, 273, 328 r/w 34 of Indian Penal Code, 1860 (for short IPC), Section 5(1) and 22 of Cigarettes and Other Tobacco Products Act, 2003 (For short COTP Act) and Section 8(c) r/w 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(for short "NDPS Act").

2. The case of prosecution is that on 25.12.2020 at about 14-00 hours at the outskirts of Addada village of Pamarru Mandal, the police found accused No.4-T.srinivasa Rao who is the driver of lorry bearing No.TS 07 UE 6830 in possession of tobacco products i.e. gutkha and khainee which are supplied by A-1, the same is transported by A-4 as per the instructions of the lorry owner i.e. A-3 and he handed over the products to the petitioner/A-2 who is the

purchaser. Basing on the same, the present crime is registered.

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-2 submits _ that transportation of tobacco products is not an offence and the police

cannot register the offences under IPC except under Food Safety

Standards Act. He also submits that in Crl.P.Nos.3718 of 2018 and 9103 of 2019 and batch, this Court has already laid down the ratio and basing on the same, several orders were passed by this Court. He also submits that even assuming that the petitioner has committed the offence under NDPS Act, the quantity that is seized by the police is only 2 KGs which is not a commercial quantity, as such there is no bar under Section 37 of the NDPS Act. He submits that the bail petition which was moved before the Court below was dismissed in Crl.M.P.No.347 of 2020 even without considering the scope of Section 37 of the NDPS Act and apart from that, learned counsel also raised other grounds stating that the police failed to follow the procedure contemplated under NDPS Act while drawing the samples. He also submits that the police cannot straight away take the samples under the NDPS Act. As per the judgment of the Hon'ble Apex Court, they must produce the entire ganja before the Magistrate and the Magistrate must see and give a certificate of samples. Before the Magistrate only, the police can take samples under the certificate issued by the Magistrate and further submits that this Court in Crl.P.No.2231 of 2020 vide order dated 10.07.2020

has granted bail to the petitioners therein.

5. The learned Public Prosecutor submits that transportation of

tobacco products is banned in the State of Andhra Pradesh.

6. In reply learned counsel for the petitioner submits that as per the Circular No.13/SO/2019 dated 15.08.2019, issued by the High

Court for the State of Telangana at Hyderabad, the police cannot

To,

Aan

Skm

products.

7. Admittedly, as per the said circular there is no prohibition for transportation of ganja. As far as the offence under NDPS Act is concerned, the contraband that is seized from the petitioner is only 2 KGs which is not a commercial quantity and there is no bar under Section 37 of the NDPS Act. However, nothing is placed on record to show that the petitioner is a habitual offender, this Court deems it

appropriate to grant bail to the petitioner.

8. Accordingly, this Criminal Petition is allowed. The petitioner/ A-2 shall be enlarged on bail on execution of self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the learned Additional Judicial First

Class Magistrate, Gudiwada.

Consequently, miscellaneous applications pending, if any, shall

stand closed.

/ Sd/-P.VenkataRamana

DEPUTY REGISTRAR [TRUE COPYI/

Av SECTION OFFICER

Fur PASS EN bes -

The Additional Judicial First Class Magistrate Court (AJFMC) at Gudivada, Krishna District

The Superintendent, Sub Jail, Vijayawada, Krishna District --

The Station House Officer, Pamarru Police Station, Krishna District

Two CCs to Public Prosecutor, High Court at Amaravathi. (OUT) .--"

One CC to Sri. R Siva Sai Swarup Advocate [OPUC] Pe