Andhra Pradesh High Court - Amravati
Criminal Procedure vs Unknown on 24 September, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.5104 of 2021
ORDER:-
This 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/Accused in connection with Crime No.125 of 2021 of
Nathavaram Police Station, Visakhapatnam District for the offence
punishable under Section 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs
and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").
2. The case of prosecution is that on 03.07.2021 on receipt of
credible information about illegal transportation of ganja, the Head
Constable of Nathavaram Police Station along with other staff and
mediators went to Valasampet junction on the road leading from
Y.D.Peta Junction of Nathavaram Mandal, Visakahapatnam District,
arrested the petitioner and seized 140 KGs of ganja, in four gunny
bags each containing 35 KGs while transporting the same in a
Mahendra car bearing No. XUV 500, under the cover of mediators
report. Basing on the said report, the present crime is registered.
3. Heard Sri A.V.Pardhasaradhi, learned counsel for the petitioner
and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioner 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 contraband and it would not be 35 KGs in each bag.
Learned counsel for the petitioner 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 35 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 petitioner is
languishing in jail since 03.07.2021.
6. On the other hand, learned Assistant Public Prosecutor
submits that investigation is pending.
7. Taking into consideration the fact that the petitioner is
languishing in jail from 03.07.2021, the contraband that is seized is
not properly weighed to come to the conclusion whether it is
commercial quantity or not, this Court deems it appropriate to grant
bail to the petitioner. However, on certain conditions.
6. Taking into consideration the fact that petitioner is languishing
in jail from the last 52 days and further the contraband is not
weighed properly, this Court deems it appropriate to grant bail to the
petitioner, however, on certain conditions.
7. Accordingly, the Criminal Petition is allowed. The
petitioner/Accused shall be enlarged on bail in connection with
Crime No.125 of 2021 of Nathavaram Police Station, Visakhapatnam
District on his executing self bond for Rs.1,00,000/- (Rupees one
lakh 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
petitioner 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 filing of charge sheet.
Consequently, miscellaneous applications pending, if any, shall
stand closed.
___________________________
LALITHA KANNEGANTI, J
Date: 24.09.2021
KA
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
(Allowed)
CRIMINAL PETITION No. 5104 of 2021
Date: 24.09.2021
KA
