Challagundla Maheshu vs The State Of Andhra Pradeshu ...
2023 Latest Caselaw 3200 AP

Citation : 2023 Latest Caselaw 3200 AP
Judgement Date : 16 June, 2023

Andhra Pradesh High Court - Amravati

Challagundla Maheshu vs The State Of Andhra Pradeshu ... on 16 June, 2023

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                  lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR
                           FRIDAY ,THE SIXTEENTH DAY OF JUNE
                           TWO THOUSAND AND TWENTY THREE
                                     :PRESENT:
                    THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY                   •.-:i:==
                                        IANo.1 OF2O23
                                               lN
                                     CRLA NO: 136 OF 2020
      Between:

      Challagundla Maheshu S/o. Venkateswarlu, Aged about 23 years, R/o. DI No.9-3-
      287/89, Akbarpur, Tolichowki, Golkonda, Hyderabad-500 008.

                                                            ... Petitioner/Appellant/Accused
                                                         (Petitioner in CRLA 136 OF 2020
                                                                   on the file of High Court)
                                              AND

      The State of Andhra Pradeshu rep.by its public Prosecutor, High Court Buildings,
      Amaravathl', Guntur Distr,-ct.


                                                               ...Respondent/Complainanf
                                                                       (Respondents in-do-)
      Counsel for the petitioner .I sri G VIJAYA SARADHl
                                                                   I

      Counsel for the Respondent : The Asst. PUBLIC PROSECUTOR

             Petition under Sectl'on 389(1) Cr.P.C praying that in the circumstances stated
      in the affl'davit filed in support of the petition, the High Court may be pleased to
      suspend the e.xecution of the sen'tence, judgement passed on 24th, January, 2020,
      in NDPS Sesslons case no. 46 of 2017 on the file of Special Judge for Trial of cases
      under NDPS Act-cum-1St Additional & District Sessions JudgeI Vijayanagaram and
      release the petitioner on bail, pending disposal of CRLA No. 136 of 2020, on the file
      of the High Court.

             The court while directing issue of notice to the Respondents herein to show
      cause as to why this application should not be complied with, made the followl'ng
      order.(The receipt of this order will be deemed to be the relceipt of notice in the
      case).

      ORDER

"Heard the learned counsel for the petitioner and the learned Assistant

Public Prosecutor.

As seen from the record, the petitioner herein was convicted for an offence punishable under Section 8(c) read with Section 20(b)(ii)(B) of NDPS Act and he was sentenced to suffer Rigorous imprl'sonment for perI'Od Of 10 years and to pay fine of Rs.50,000/-(Rupees Fifty Thousand only), in default, to suffer simple imprl-sonment for period of six months.

A perusal of the material on record, more particularly the judgment, would show that the quantity of contraband Ganja seized from the petI'tiOner iS about 15.8 K.Gs., which is less than the commercial quantity. Therefore, it is not necessary for the accused to prove, at this stage, that he is not guilty of the offence. Further, the maximum punishment that can be imposed for / seizing the aforesaid quantity, which is less than commercial quantity, is 10 years which has been imposed.

Accordingly, the,petitioner shall be released on ba" subject to payment of fine as l'mposed by the trial Court and on executing a bond for Rs.20,000/-

(Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the SpecI'al Judge for Trial of cases under NDPS Act-cum-I AdditI'Onal & District and sessions Judge, Vizianagaram."