Penta Reddy Vijay Kumar vs The State Of Andhra Pradesh
2021 Latest Caselaw 4151 AP

       THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

                  CRIMINAL PETITION No.5631 of 2021

ORDER:

This petition is filed under Sections 437 and 439 of Code of

Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the

petitioner/A-4 in connection with Crime No.176 of 2021 of Special

Enforcement Bureau, Pendurthi, Visakhapatnam District, wherein the

petitioner is alleged to have committed the offence punishable under

Section 8 (c) r/w 20 (b)(ii)(a) of the Narcotic Drugs and Psychotropic

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

2. The case of the prosecution is that on 31.08.2021 Enforcement

Inspector, Special Enforcement Bureau, Pendurthi along with his staff

while conducting vehicle checking at Pendurthi junction, found the

petitioner along with other accused and he apprehended them, seized 1

KG of liquid ganja (Hashish oil) in Car bearing No.TS11 EQ 6788 under

the cover of mediators report. Basing on the same, the present crime

was registered.

3. Heard Sri K.Joji Amrutha Raju, learned counsel for petitioner and

learned Assistant Public Prosecutor for respondent-State.

4. Learned counsel for the petitioner submits that it is alleged that 1

KG of Hashish Oil was seized in this case and petitioner was arrested

on 31.08.2021 and remanded to judicial custody on the same day. He

submits that as per the Schedule under the NDPS Act, Hashish Oil upto

1 KG is not a commercial quantity and since the contraband seized in

this case is not a commercial quantity, there is no bar under Section 37

of NDPS Act to grant bail to the petitioner. He submits that while

conducting search and seizure, police failed to follow the procedure

contemplated under NDPS Act. Relying on the judgments in Dilip Vs.

State (Crl.P.No.2330 of 2008) and Mujeeb Mehboob Vs. State of

Karnataka (Crl.P.No.3685 of 2012), he submits contraband that is

seized is not a commercial quantity, as such his case may be

considered for grant of bail.

5. Per contra, learned Assistant Public Prosecutor submits that

investigation is pending, so far five witnesses were examined and at this

stage, petitioner is not entitled for bail.

6. Taking into consideration the contraband of 1 KG of Hashish Oil,

which was seized in this case is not a commercial quantity, there is no

bar under Section 37 of NDPS Act. Further, the petitioner is languishing

in jail from the last 51 days and there is nothing forth coming to say

that petitioner is a habitual offender. Hence, this Court deems it

appropriate to grant bail to petitioner.

7. In the result, the criminal petition is allowed and the

petitioner/A-4 shall be enlarged on bail in connection with Crime

No.176 of 2021 of Special Enforcement Bureau, Pendurthi,

Visakhapatnam District, on his executing a bond for a sum of

Rs.20,000/- (Rupees twenty thousand only) with two sureties each for a

likesum to the satisfaction of Special Judicial First Class Magistrate for

Excise, Visakhapatnam. On such release, petitioner shall appear before

the Station House Officer, Special Enforcement Bureau, Pendurthi,

Visakhapatnam District on every Thursday between 10.00 a.m. and

1.00 p.m. till completion of trial.

As a sequel, all the pending miscellaneous applications shall stand closed.

___________________________ LALITHA KANNEGANTI, J 20th October, 2021

PVD

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

(allowed)

CRIMINAL PETITION No.5631 of 2021

21st October, 2021

PVD