Andhra Pradesh High Court - Amravati
Jajimoggala Appa Rao vs The State Of Ap on 4 October, 2024
HIGH COURT OF ANDHRA PRADESH, AMARAVATI
MAIN CASE No.CRL.A.No.355 OF 2024
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
09. 04.10.2024 VJP, J
I.A.No.1 of 2024
The instant petition under Section 389
(1) of Code of Criminal Procedure has been
filed by the Petitioners/Accused Nos.1 and 2
seeking to suspend the sentence of rigorous
imprisonment of ten years each for the offence
punishable under Section 20 (b) (ii) (C) read
with Section 8 (c) of Narcotic Drugs and
Psychotropic Substances Act, 1985 passed in
N.S.C.No.448 of 2015 by the Court of IX
Additional District and Sessions Judge (FTC),
Chodavaram, pending disposal of the Criminal
Appeal.
Heard Sri Arrabolu Sai Naveen, learned
counsel for the Petitioner and Sri C.Panini
Somayaji, learned Assistant Public Prosecutor
for State/Respondent.
Learned counsel for the Petitioners/
Accused Nos.1 and 2 would submit that the
Investigating Officer seized seeds and leaves of
Ganja but not the flowering or fruiting tops,
which cannot be said as Ganja. Learned
counsel would further submit that the both
the Accused were served with joint notice.
Learned counsel would submit that the
procedure contemplated under Section 52-A of
NDPS Act has not been followed within the
stipulated time. Further, the samples were
drawn only from two packets but not from
each packet. Learned counsel would further
submit that the Petitioners were on bail during
trial. Learned counsel would finally submits
that the Petitioners paid the fine amount of
Rs.1,00,000/- each and filed receipts to that
effect and they have merits to succeed in the
appeal. It is further submitted that, from the
date of conviction, the Petitioners have been in
jail.
SL. DATE ORDER OFFICE
NO. NOTE
Learned Assistant Public Prosecutor
opposed the petition and would submit that
the Petitioners are the habitual offenders.
The Hon'ble Apex Court in Hasubhai
Kamabhai Thakor Vs. The State of Gujarat
reported in 2023 LiveLaw (SC) 354, held that
as per the definition of Ganja in Section 2(iii)
(b) of NDPS Act, Ganja seed is not a banned
contraband.
Considering the submissions made and
in the facts and circumstances of the case, as
the Petitioners preferred appeal challenging
the validity and correctness of the impugned
judgment and the hearing of the appeal may
take considerable time, it is apposite to
suspend the sentence of imprisonment
imposed against the Petitioners/ Accused
Nos.1 and 2 on the following terms.
Accordingly, the petition is partly
allowed and the Petitioner/Accused No.2 shall
be released on bail on executing a personal
bond for Rs.20,000/- (Rupees Twenty
thousands only) with two sureties for the like
sum each to the satisfaction of the learned IX
Additional District and Sessions Judge (FTC),
Chodavaram. Petitioner/Accused No.2 shall
appear before the trial Court once in a month
i.e., on the 1st Monday of every month till the
disposal of the appeal.
Petitioner/Accused No.2 shall appear
before this Court when the matter is posted for
final hearing.
Since the Petitioner/Accused No.1 is
involved in other NDPS cases, the petition
against him is dismissed.
_______
VJP, J
List the matter in regular course.
_______
VJP, J
Dinesh
