Andhra Pradesh High Court - Amravati
Criminal Procedure vs Unknown on 24 September, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.5108 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 petitioners/A-1 and A-2 in connection with Crime No.209 of
2021 of V.Madugula Police Station, Visakhapatnam District for the
offence punishable under Section 8(c) r/w 20(b)(ii)(C) and 25 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity
"NDPS Act").
2. The case of prosecution is that on 28.07.2021 on receipt of
credible information about illegal transportation of ganja, the Sub
Inspector of Police, V.Madugula Police Station along with staff and
mediators went to outskirts of Thatiparthy Village of V.Madugula
Mandal and conducted vehicle check. Police arrested the petitioners
and seized 10 KGs, 20 KGs and 16 KGs ganja in three gunny bags,
total 46 KGs of ganja, one cell phone, Bajaj Pulsar bike under the
cover of a mediators report. Basing on the said report, present crime
was registered.
3. Heard Sri Kakumanu Joji Amrutha Raju, learned counsel for
the petitioners 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 commercial quantity.
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.
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 28.07.2021.
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 28.07.2021, 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 petitioners. However, on certain conditions.
6. Taking into consideration the fact that petitioner is languishing
in jail from 28.07.2021 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
petitioners/A-1 and A-2 shall be enlarged on bail in connection with
Crime No.209 of 2021 of V.Madugula Police Station, Visakhapatnam
District on executing self bonds for Rs.1,00,000/- (Rupees one lakh
only) each with two sureties for a like sum each to the satisfaction of
the Court of Additional Judicial Magistrate of First Class,
V.Madugula , Visakhapatnam District. On such release the
petitioners shall appear before the Station House Officer,
V.Madugula 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. 5108 of 2021
Date: 24.09.2021
KA
