K.V.Reddy vs State Of Ap
2021 Latest Caselaw 3345 AP

       THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

                 CRIMINAL PETITION NO.4998 of 2021

ORDER:-

      This petition is filed under Sections 437 and 439 of Criminal

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

petitioners/A-2 and A-3 in connection with Crime No. 143 of 2021 of

Nathavaram Police Station, Visakhapatnam District for the offence

punishable under Section 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs

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


2.    The case of prosecution is that on 31.07.2021 on receipt of

credible information about illegal transportation of ganja, the

respondent police along with staff and mediators went to Tandava

junction and while conducting vehicle checking, found the

petitioners, arrested them and seized 12 KGs of ganja, two cell

phones and cash of Rs.200/-, under the cover of mediators report.

Basing on the said report, the present crime is registered.

3. Heard Dr.Challa Srinivas Reddy, learned counsel for

petitioners and learned Assistant Public Prosecutor for the

respondent-State.

4. Learned counsel for petitioners submits that even as per the

mediators report what is said to be seized from the accused is not

Cannabis. As per the case of prosecution also they seized the bags

containing flowers, leaves, stem and buds of Ganja and they have

weighed the entire contraband, which comes to 12 KGs of Ganja.

Learned counsel for the petitioners further submits that Section 2(III)

(b) of the Act defines "the flowering or fruiting tops of the cannabis

plant (excluding the seeds and leaves when not accompanied by the

tops) and whereas in this case, the police have considered even the

stem, buds etc., as Ganja and weighed as 12 KGs.

5. He also relied upon the Judgment in Sevaram Vs., State of

Rajasthan (1993 Criminal Law Journal 2503) and Munnalal

Vs., State of Rajasthan (1995 Criminal Law Journal 734). He

further submits that drawing of or preparing sample by the Head

Constable is illegal and the same has to be done by the investigating

officer in the presence of Magistrate as per the law laid down by the

Hon'ble Apex Court in Union of India Vs., Mohanlal and another

(2016 (3) SCC 379). It is further submitted that the petitioners are

languishing in jail since 31.07.2021.

6. On the other hand, learned Assistant Public Prosecutor

submits that investigation is pending.

7. Taking into consideration the fact that the petitioners are

languishing in jail from the last 52 days, the contraband that is

seized is not properly weighed to come to the conclusion whether it is

12 KGs or not, this Court deems it appropriate to grant bail to the

petitioners. However, on certain conditions.

8. Accordingly, the Criminal Petition is allowed. The

petitioners/A-2 and A-3 shall be enlarged on bail in connection with

Crime No.143 of 2021 of Nathavaram Police Station, Visakhapatnam

District on their executing each a bond for Rs.20,000/- (Rupees

twenty thousand only) with two sureties for a like sum each to the

satisfaction of the Court of Additional Judicial Magistrate of First

Class, Narsipatnam, Visakhapatnam District. On such release the

petitioners shall appear before the Station House Officer,

Nathavaram Police Station, Visakhapatnam District, once in a week

i.e. on every Saturday between 10.00 AM and 1.00 PM, till

completion of trial.

Consequently, miscellaneous applications pending, if any, shall

stand closed.

___________________________ LALITHA KANNEGANTI, J

3rd September, 2021

PVD

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

(Allowed)

CRIMINAL PETITION No.4998 of 2021

3rd September, 2021

PVD